Victims of Crime.

Dáil Éireann Debate, Wednesday - 5 May 2004

Wednesday, 5 May 2004

Ceisteanna (3)

Joe Costello

Ceist:

3 Mr. Costello asked the Minister for Justice, Equality and Law Reform if he is considering measures to ensure the victims of crime and the families of victims are treated in a more sensitive way by the legal system; if he will consider the establishment by the Garda and the Courts Service of victim liaison units which would be responsible for ensuring that victims and their families are kept up to date with developments in their cases and that their practical needs are given attention during a court case; and if he will make a statement on the matter. [12762/04]

Freagraí ó Béal (5 píosaí cainte)

Mr. McDowell

Comprehensive provision already exists in law which requires that aspects of criminal procedure take full account of the position of victims in proceedings. Examples of this include the Sex Offenders Act 2001, which provides for separate legal representation for complainants in the situation where an application is made to the court in the course of a trial to adduce evidence or cross-examine about a complainant's sexual history.

The Criminal Evidence Act 1992 provides for the giving of evidence by live television link in proceedings for sexual offences or offences involving violence or the threat of violence to a person. The Criminal Justice Act 1993 provides that, in determining sentence for a sexual offence or an offence involving violence or threat of violence, a court shall take into account any effect of the offence on the person in respect of whom the offence was committed. The court must hear evidence from the victim if he or she requests and may receive evidence or submissions concerning the effect of the offence on him or her. This is usually taken in the form of a victim impact statement.

Along with these legislative provisions, the criminal justice system contains a number of administrative and operational supports to the victims of crime. The victims' charter was published by my predecessor in 1999. A partnership agreement with Victim Support commits the Garda Síochána to ensuring a better service to the victims of crime and the families of crime victims. A key aim of this agreement is to increase the number of Garda referrals to the Victim Support organisation. In cases of murder or manslaughter, a garda is assigned to the victim's family to provide information in a caring and considerate manner. It is proposed to introduce training for that purpose.

The Courts Service is concerned with the practical needs of victims and their families during a court case. In this regard I understand the Courts Service works closely with the Victim Support organisation to provide facilities in courthouses for victims and family members. As part of the planned new Criminal Court complex in Dublin, dedicated facilities will be provided to ensure victims are adequately catered for.

Mr. Costello

The Minister has outlined a very comprehensive list of legislation and procedures. However, would he not agree that victims, who are often witnesses in criminal cases, are central to the good operation of the criminal justice system and that all the information from recent high profile cases indicates they are totally alienated from the criminal justice system? Neither the victims nor their families perceive that the criminal justice system gives them support, is concerned about them or provides any resources. It often puts them cheek by jowl with the alleged offender against whom they must give evidence.

Would the Minister agree that his Department is not taking this matter seriously given that this year's budget reduced the allocation to Victim Support by 4% from more than €1 million to slightly less than €1 million? We need a proper administrative procedural system in which victims and witnesses, who are generally one and the same, along with their families will be treated fairly and sensitively so that they can become an integral part of the criminal justice system. Would the Minister not agree that the system seems to operate to the benefit of the legal personnel, gardaí and often the offender without the witness or victim being treated in a decent and sensitive fashion?

Mr. McDowell

I agree with the Deputy that a small economy was effected in the funding for Victim Support this year. However, the vast majority of its funding was unaffected and it was asked to effect economies. Both State and non-governmental organisations can occasionally be asked to make economies to allow me to provide extra resources, as I did in the last budget, to the Garda Síochána. It was a matter of trying to get the best value for our money. In addition to the money from my Department, Victim Support is funded by the Department of Arts, Sport and Tourism to deal with tourism victim support.

The Deputy suggests that the role of the victim is under-recognised in Irish law and that my Department is blasé about that fact. The series of changes introduced in recent years have changed the situation. Whereas there have been some high profile cases in which victims of crime have expressed dissatisfaction about the way in which they have been treated, in an enormous number of cases privately and publicly victims have expressed the exact opposite and have given praise for how they were treated by the Garda and victims' support services. I do not accept it is all one-way traffic on that issue.

The fundamental nature of a criminal trial is that it is a public trial. Under the Constitution prosecutions are brought in the name of the people as a public act against the accused. In this country, as in many other countries, we have an adversarial system of trial. In that adversarial system of trial, the two sides, so to speak, are the people — acting through the public prosecution under the Director of Public Prosecutions — on the one hand and the accused on the other. It is not a three-cornered contest in which the victim, the alleged perpetrator and the people are at opposite ends of a triangle.

Mr. Costello

While all of what the Minister has said may be true, the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights received numerous submissions during our hearings on the criminal justice system. Every organisation that appeared before the committee stated that witnesses and victims were not being treated fairly within the system. There seems to be a lack of co-ordination. While it is quite different from ours, within the inquisitorial system that operates on the Continent, procedures and resources are built in to give victims a much greater role and support. While I am not criticising what is already in place, it is so disorganised and incoherent that the witnesses' perception is that they are the Cinderellas of the criminal justice system and are not being treated fairly or sensitively.

Mr. McDowell

I agree with the Deputy that the classic common law adversarial system of trial was one in which the victim saw himself or herself as being marginalised. While we should always be willing to learn from other systems, our system of adversarial criminal trial is very fair and I have no intention of casting it aside in pursuit of other models, which I do not believe to be as fair. I do not believe the Deputy is suggesting that either.

I agree with the Deputy that there is always room for improvement. Following the abolition of the dock, the accused in a criminal trial in Ireland is entitled to sit anywhere he or she likes in court. The Courts Service is minded to deal with the many courthouses where we do not have adequate rooms for or adequate separation of people. The Courts Service will find it much easier to do so in the context of a new Criminal Court complex in Dublin, which will serve as a model for the rest of the country.