Dáil Éireann Debate, Tuesday - 8 May 2012
Deputy Derek Keating asked the Minister for Justice and Equality his views that it is necessary to amend the Charities Act to have all charities publish detailed accounts when they are in receipt of money from his Department; and if he will make a statement on the matter. [16207/12]
Amharc ar fhreagraThe Deputy can be assured that the Irish Prison Service is conscious of the harmful, potentially devastating, consequences of crime on victims. The service acknowledges that the impact of crime on victims varies in nature and force and the service seeks to take account of their experiences and needs. Where victims make their views known to the service, they are always taken into consideration when making sentence management decisions, such as granting temporary release. While it is, of course, appropriate that the sensitivities and concerns of victims of crime should be carefully considered, a balance must also be struck with other sometimes conflicting factors, such as the rehabilitation of offenders and their reintegration into the community.
When victims of crime request it, the Prison Service victim liaison officer will enter into direct contact with them to inform them of any significant development in the management of the perpetrator's sentence as well as any impending release. Such significant developments could include temporary releases, parole board hearings, prison transfers and expected release dates. The victim liaison officer will also provide victims with general information on the prison system, such as the prison regime, remission on sentences and our system of parole, including the operation of the Parole Board. This is, however, a voluntary service and it is for the victim or an immediate family member in the case of a person who has died as a result of a crime to chose if he or she wishes to obtain information about a prisoner. I should also say that, for very understandable reasons, many victims do not want any further contact after the court process is finished.
Details of the victim liaison service are available on the Irish Prison Service website.
Victims or immediate family members may register for the service by writing to the victim liaison officer at Prison Service headquarters in Longford. As part of the redevelopment of the Irish Prison Service website, a facility to allow victims to register online is also being developed and will be available in the coming weeks.
Finally, there is a commitment in the programme for Government regarding the introduction of a Bill to detail in law the protections available to victims of crime. Developments in the European Union may result in a victims of crime measure that will apply across all member states. If such a measure is directly applicable we will not be obliged to publish our own legislation. It is likely that legislation to go hand in hand with this measure will be produced and that it will address issues relating to victims in the context of prescribing their rights and entitlements in respect of the information which should be made available to them.
When Michael Donnellan appeared before the Joint Committee on Justice, Defence and Equality on the Loughan House issue, he also spoke about the process whereby victims can opt in to be kept informed about developments. We suggested that the process should involve an opt-out facility because, first, not many people are aware of the service and, second, victims may not want to pursue this route in the aftermath of a crime or court case and as time goes on they will forget about it or it will not remain a priority. If they are required to opt out from being kept informed, however, they would have to think about it.
I am thinking in particular of the new pilot scheme. Were victims' families informed that the 130 prisoners on the pilot scheme were in a community or providing a service?
The Deputy can take it for granted that I will make it a priority. He may be aware that I published the Victims' Rights Bill 2002, which the then Fianna Fáil Government voted down. When I published an updated version of the Bill in 2008 to take account of legal developments in the intervening period, the former Minister for Justice, Equality and Law Reform, Dermot Ahern, went to war with it on the basis that it reflected successful provisions that were already in existence in New Zealand, even though I had previously briefed him that it did reflect some provisions that were already successfully operating in New Zealand.
I have for many years been committed to the enactment of victims' rights legislation. The Department had begun work on this issue when the European Union proposal was published. We are waiting to see how that proposal develops. It is likely to be discussed at a meeting of European Ministers for Justice, if not in June then certainly next September, as progress is made. It is not yet clear whether domestic legislation will be needed if it is enacted across Europe or if it will simply be directly applicable. It may be the case that we will want domestic add-ons that Europe does not require but which would be to the benefit of victims. That is an issue we will address if need be. It will be a priority during the Irish Presidency.
I will not get involved in the Minister's spats with the former Minister, Dermot Ahern. Can the Minister comment on the opt-out or opt-in facility and whether victims' families were kept informed during the pilot programme for temporary release?
They would only have been kept informed during the pilot project if they opted in and, I assume, the convicted person was engaged in community service in their local community. I can seek further information for the Deputy in so far as it is available.
On the question of opt-in or opt-out, the balance of convenience suggests an opt-in provision for a range of reasons. A substantial amount of the crime that goes through the District Court is of a minor nature. Individuals would not necessarily want to receive phone calls a few months afterwards to give them minor pieces of information about the offenders. They want to get on with their lives. Such a provision would also become very resource intensive if, in the context of every conviction of every individual, it was assumed that victims who did not even look for information or did not want it should be given minor pieces of information. There is an advantage in having an opt-in provision.
However, for certain crimes, such as the one which gave rise to the tragic death of Garda McLoughlin, we are looking at putting in place a provision whereby the survivors of any person who lost his or her life in similar circumstances would automatically be informed when an event occurs which could result in someone being released, for example, to perform community service in a local community or go to an open prison near where the family concerned resides. The balance of advantage in a broad range of crimes supports an opt-in provision but it is important that victims are made aware of the fact that they can opt in and that the facility is available. We are investigating what steps may be taken to ensure there is sufficiently wide knowledge of this. I have some concern that not all victims are aware of the capacity to opt in to receive information.
