I move:
That Dáil Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following proposed measure:
Proposal for a Directive of the European Parliament and of the Council amending Directive 2012/29/EU establishing minimum standards on the rights, supports and protections of victims of crime, and replacing Council Framework Decision 2001/220/JHA
a copy of which was laid before Dáil Éireann on 10th August, 2023.
I thank the Leas-Cheann Comhairle for facilitating the taking of this motion today. Yesterday, the Government approved the request of the Minister for Justice, Deputy McEntee, to seek the approval of the Dáil and the Seanad to opt into this EU Commission proposal. The proposal seeks to amend the existing victims' rights directive, a directive we have opted into and have transposed with the Criminal Justice (Victims of Crime) Act 2017. A formal evaluation of the directive completed last year showed it required targeted revision so the victims can fully benefit from their rights.
Victims of crime are often the most vulnerable in our society. They deserve the best possible support and protection that the State can provide. The victims of crime directive, in place since 2012, established minimum standards across the EU for this protection and support but minimum standards have evolved in the past ten years. The need to consider principles of child-friendly and victim-centred justice are key to a modern criminal justice response. Significant developments have been seen in increased digitalisation and accessibility. In this context, it is necessary to have in place more far-reaching minimum standards to ensure the effectiveness of the victims' rights directive. The confinements of Covid-19 showed us the importance of different communication and access channels in order that victims in need of support can reach support in whatever way is comfortable for them. In the first instance, the proposal aims to provide more effective access to information, ensure victims are well-informed of their rights and provided with the necessary supports to report a crime. When victims have reached out, the proposal seeks to improve individual assessments and provide more targeted support to victims, particularly vulnerable groups, including children and persons with disabilities.
Some of the other measures in this proposal are already part of Irish law and others are under way. The court accompaniment service funded by the Department of Justice was even listed as a example of best practice. Some of the other measures will need some teasing out to see how they interlink with our current systems but can easily be tweaked through discussions in the working parties. Members will have also seen that a key proposal in the measure is to establish a right for victims to challenge the decisions taken during court proceedings that affect them. While this will give victims rights which are not normally a feature of our legal system, our legal advice confirms that while a legislative amendment will be needed, this can be achieved. Victims are not party to proceedings in a number of other member states, so this provision can be teased out further in the working parties. The role of the victim in the criminal process is evolving. The victim will inevitably play a more prominent role going forward and we need to adapt accordingly.
Members will also note that improving access to compensation also features very strongly in this proposal and the measure seeks to ensure that victims receive a decision on compensation during the criminal proceedings. It also places more of an onus on the State to ensure that the victim can access any award straight away. This is something that will have to be considered very carefully. As Members will know, in 2021, the Minister published the revised criminal injuries compensation scheme. This revised scheme included a number of important changes including the doubling of the number of tribunal members from seven to 14; updating monetary limits; and removing paragraph 10 of the scheme, which prevented awards being made where the crime was committed by a member of the same household. There are also plans in train to put the scheme on a statutory footing. In addition, the Law Reform Commission is currently examining the area of compensation under their fifth work programme, with its report expected by the end of the year. The commission's report focuses on the victim experience in accessing compensation and improvements that could be introduced.
Compensation is being increasingly recognised as a legal right as can be seen from the amendment of our own criminal injuries compensation scheme which removed the term ex gratia from the scheme. The suggested amendments from this proposal come at a very good time when we are revising how we compensate victims anyway. We can put all these pieces together to have the most effective State system and one which works better for victims. Notwithstanding the practical reasons to opt in early, there are other factors to consider also. While it has not arisen to date, Protocol 21 includes a provision that if Ireland decides not to participate, a decision can be taken that the existing measure is no longer binding on Ireland and the State bears the financial consequences for such a course of action.
The House is well aware of the work my Department has been progressing over the past few years on victims' rights. The publication of Supporting a Victim's Journey and the Victims Charter are two key pieces.
In particular, Supporting A Victim's Journey has seen key benefits for victims, such as better training for professionals in the criminal justice system who deal with vulnerable victims, the establishment of a course in the University of Limerick to train intermediaries, the roll-out out of divisional protective services units in each Garda division, and the introduction of preliminary trial hearings.
Promoting work on victims' rights domestically but not agreeing to further supports at an EU level would send mixed messages to our EU partners. Only in the instance where there is a clear legal or constitutional impediment should we not participate. Such impediments do not arise with opting into this measure and the Office of the Attorney General has confirmed this. We need to opt in and we need to be on a par with our EU partners. More importantly, we need to show vulnerable victims of crime that Ireland as a State is serious about supporting them. I commend the motion to the House.