Dáil Éireann Debate, Tuesday - 24 October 2023
407. Deputy Colm Burke asked the Minister for Justice if she will give consideration to the establishment of the position of a Victims Commissioner to represent victims of crime; and if she will make a statement on the matter. [46643/23]
View answerAs I am sure the Deputy is aware there are robust rights enshrined in the Criminal Justice (Victims of Crime) Act 2017 which provides for a set of statutory rights for all victims of crime.
The Act is particularly strong in areas such as the right to information and the provision of certain supports and protections to be provided to victims across the criminal justice system by the respective criminal justice agencies as applicable.
Some of the key provisions in the Act include the following;
• The right for victims to receive comprehensive information on the criminal justice system, their role within it and the range of services and entitlements which victims may access from their first contact with An Garda Síochána and/or the Garda Síochána Ombudsman Commission.
• The right to be provided with information, upon request, concerning the progress of the investigation and any subsequent court proceedings.
• The right to be informed upon request of any decision not to institute a prosecution in relation to the offence committed against them (and the reasons for such a decision) and a right to request a review of that decision.
• The right to receive, upon request, information on the release, temporary release, or escape from custody of an offender who is serving a sentence for an offence committed against the victim.
• The right to receive information upon request in clear and concise language and to interpretation and translation, where it is necessary to enable victims to understand and be understood, in their participation in the criminal justice process.
• The Act also permits all victims of crime to provide a victim impact statement, as applicable, (that is in the case where a person is convicted for the crime against you) where previously only victims of certain serious crimes were entitled to do so. This statement about how the crime has affected you can be made in person or through a legal representative.
• The right to information on victim support services.
When a victim engages with the justice system, they should know what to expect, be confident they will be treated respectfully and sensitively, know what their legally enforceable rights are and what supports are available at every step in the process.
While the establishment of a Victims Commissioner is not currently under consideration, I would like to assure the Deputy that my Department is leading a number of important initiatives to ensure we better support all victims of crime and to ensure that people are aware of their rights and of the supports available.
Central to this is 'Supporting a Victim's Journey' - our plan to implement the recommendations of the O'Malley Review. It is introducing important reforms to support and protect vulnerable victims and ensure our criminal justice system is more victim-centred.
A number of key actions have been delivered, including:
• The establishment of a course in University of Limerick to train intermediaries;
• Legislating for preliminary trial hearings;
• Undertaking a mapping exercise to identify gaps in services and supports provided for victims, both geographically and by service type, and the provision of increased funding to address them; and
• The first cohort of staff at a new sexual offences unit in the Director of Public Prosecutions took up their roles.
As the Deputy may well be aware, significant legislative reform has been introduced in recent years to enhance the supports to victims and help make the system a more victim responsive one. To further support victims, I am currently progressing legislative provisions which will;
• Strengthen the law on consent,
• Extend victim anonymity to further categories of victims,
• Repeal provisions for sentences to be delivered in public, and
• Make provision for legal representation for victims in certain circumstances.
Zero Tolerance, the Government’s Third National Strategy on Domestic, Sexual and Gender-based Violence (DSGBV), builds on the important reforms already introduced under Supporting a Victims Journey. A key part of implementation of this ambitious whole of Government Strategy will be the establishment next year of the new Agency, which will ensure a permanent and dedicated focus on this important area of work. My Department also continues to provide funding to NGOs that support victims through emotional support, court accompaniment, and accompaniment to Garda interviews, to sexual assault treatment units and referral to other services. This year, an increased budget of €5.8 million is being made available.
We also run a campaign to raise awareness of the rights provided in the Victims of Crime Act 2017 and in the Victims Charter, and launched a new phase which is currently on TV and radio, and has a particular emphasis on reaching minority and harder-to-reach communities. In addition, my Department has established a Victim’s Forum for state, social and community groups to discuss how best we can work together to meet the needs of victims. The Forum is co-chaired by a representative of the sector and a senior official from my Department.
