Justice policy is an area where there is increasing harmonisation across member states. Ireland is one of only two common law jurisdictions in the EU, the other being Cyprus. As such, we need to examine proposals in depth given the unique application of the law in this State. While scrutiny of EU legislation is the remit of the justice committee, this debate is important.
Before turning to the new proposals, it is worth outlining what the existing directive does. It establishes minimum standards on the rights of, supports for and protection of victims of crime. It aims to ensure victims of crime receive appropriate information, support and protection so that they are able to participate in criminal proceedings and that their voices are heard. The directive requires that each country in the European Union shall ensure victims are recognised and treated in a respectful, sensitive, tailored, professional and non-discriminatory manner in all contacts with victim support, restorative justice services or the competent authority operating in the context of criminal proceedings. It should be noted that the directive does have some bite because some countries, such as the Czech Republic, Estonia, Germany, Hungary and Italy among others, have had action taken against them for failing to completely transpose the directive into national law.
In this State, the directive was transposed by the Criminal Justice (Victims of Crime) Act. As the infovictims.ie website states, the Act provides for a new set of statutory rights for victims of crime. As the Minister of State has outlined, these include the right to be given detailed information about the criminal justice system, the right to be given information on support services, the right to be kept informed on the progress of the investigation and any court proceedings, the right to have protection needs assessed and have measures put in place to stop further victimisation and intimidation, the right to be told of a decision not to prosecute and the right to ask for a review of that decision, and the right to be given information in clear language and have access to interpretation and translation services if needed. I am sure almost every Member of the House regularly meets constituents who are not satisfied with how they have been treated, whether a prosecution has or has not been taken, how that has progressed and what rights are available to them.
Victims need to have their fear of the system removed. They need reassurance they will be supported and that they are intrinsic to the system rather than on the periphery. I frequently hear that victims believe it is a waste of time. They need assurance that they are not alone and that everything will be done, while guaranteeing the right to a fair trial at the same time. They need assurance that they will receive the justice they deserve. Victims should know they will be treated with dignity, respect, care and understanding and perpetrators should know their crime will be investigated and prosecuted. There is also wider work to be done in reducing the number of sexual crimes, through public education campaigns on consent and victims' rights. This involves the HSE, An Garda Síochána and others, including central government. A review was conducted by Tom O'Malley on the protection of vulnerable witnesses in the investigation and prosecution of these types of offences.
I am also conscious of the need to provide a clear definition of what constitutes a victim. Presupposing a crime and a victim of that crime prior to a court making any finding has the potential to prejudice justice, certainly when considered in the round and definitely when applied to specific cases. That being said, An Garda Síochána, in meeting the requirements of the directive, uses the following definition, which seems sensible. It defines a victim as a natural person who has suffered harm, including physical, mental or emotional harm or an economic loss caused by a criminal offence. There are also family members of a person whose death was directly caused by a criminal offence and who have suffered harm as a result of that person's death. In recent times the House has heard, and no doubt will hear again, from people who have a deceased member of their family who feel, sometimes decades later, that justice has not been done.
The directive contains a lot of detail about restorative justice services, which it defines as including, for example, victim-offender mediation, family group conferencing and sentencing circles. The directive acknowledges, as does Sinn Féin, that such services require safeguards to prevent secondary and repeat victimisation, intimidation and retaliation. We in Sinn Féin plan to move legislation related to restorative justice soon. At present, restorative justice is used in limited and inconsistent circumstances. We have what we hope to be good proposals on dealing with restorative justice, from the commencement of a complaint until sentencing.
The Irish Penal Reform Trust recently called for increased use of community-based alternatives to prison, a reversal of plans to increase prison spaces, and amendments to existing legislation to ensure imprisonment is a sanction of last resort. When we have met prison governors they have consistently told us that short sentences are of very limited use to anybody, including victims of crime and the person who is being sentenced. The call to ensure imprisonment is a sanction of last resort was in response to the latest Irish Prison Service annual report and the Probation Service annual report for last year. The Irish Prison Service annual report shows a significant increase in people committed to prison in Ireland in 2022. There was a particular increase in the number of women committed and in the number of committals and sentences of less than 12 months. It is a topic that needs to be explored and the directive offers a way through which Sinn Féin hopes to realise our proposals on restorative justice.
The criminal injuries compensation scheme was mentioned by the Minister of State in his opening statement. I note the review was launched by the Minister in 2021. We hope there will be some progress in this. I remember when I started as an apprentice solicitor, the first case I did on my own was before the Criminal Injuries Compensation Tribunal, which was still dealing with the 1986 rules. Extending the timeframe is important and updating the limits is also important to give victims the justice they seek.
With regard to the changes, according to the briefing document we have received, the main objectives are to provide a significant improvement in access to information, alignment of protection measures for vulnerable people, improved access to specialist support and more effective participation in criminal proceedings for victims. It also aims to facilitate access to compensation in all cases, including, as I have said, national cross-border cases and with regard to the Criminal Injuries Compensation Tribunal.
The most significant changes are the establishment of a helpline with an EU-wide telephone number and the setting up of a comprehensive website that should also allow for chats and emails. Provided this is standardised throughout the EU it has great potential. Perhaps it is to work in a similar way to airline compensation or other consumer-facing initiatives. The measures on the standardisation of protection measures, for example, protection orders or ensuring the presence of law enforcement authorities, are to apply from when the complainant first makes contact with the police. Criminal gangs are becoming increasingly sophisticated and transnational and this element is important.
Providing access to specialised support services for vulnerable victims, such as free psychological support for as long as necessary depending on the victim's individual needs, is important. Wider psychological supports are under threat due to poor Government management of the health service. Victims of crime are vulnerable themselves and it is important, to prevent crime recurring and recidivism, to increase psychological services and counselling services in prisons. Having two Merchants Quay-appointed counsellors for 500 or 600 prisoners in Midlands Prison will not achieve much.
Victims of crime, of course, are vulnerable people themselves, and groups such as the elderly, disabled and people of protected characteristics are frequently victims of crime. Protecting them is important, but resources need to be put in place to ensure this takes place. From the note, I understand there are some challenges to be overcome. There is a serious problem now with accessing legal representation in a District Court, especially in family law cases. People are on waiting lists for months sometimes, and the challenges surrounding the provision of speedy legal advice to vulnerable people need to be addressed. People in refuges and those victims of domestic violence whom we have met have confirmed this.
We also noted on the news this morning the mention of the pervasive and relentless rise of racism in the EU. It was described by Michael O'Flaherty, a director at the European Union Agency for Fundamental Rights, as shameful. Racism and discrimination have no place in our society. In this State, 39% of people described as "black" in news reports have indicated that someone made offensive or threatening comments to their child because of their ethnic or immigrant background. Some 55% of people of African descent here have reported racial discrimination over the last five years. This is up from 46% in 2016. Some 64% of people of African heritage worry about being the victim of a racial attack, which is far higher than the EU average of 35%. Irish people know what it is like to have experienced racism in recent years. Even phrases used by Irish people can be included in this context. I remember hearing gardaí using the phrases "the Paddy wagon" or "that is a bit Irish". They have racial bias too. The abuse that James McClean has experienced at this time of year for the last several years also had some racial undertones. This is unacceptable, and I look forward to hearing and seeing what the outcome of the proposed changes will be and then seeing these transposed into Irish law.
