Dáil Éireann Debate, Tuesday - 16 December 2014
382. Deputy Robert Dowds asked the Minister for Justice and Equality her views on introducing legislation which will grant victims the right to request a review of decisions by the DPP not to bring forward prosecutions, in view of the fact that such a right is provided to victims of crime in other common law jurisdictions, such as in England and Wales; and if she will make a statement on the matter. [48339/14]
Amharc ar fhreagraThe Office of the Director of Public Prosecutions by statute acts independently when deciding whether to prosecute. This means that no-one can direct that Office in relation to a prosecution. According to the Victims Charter the Office of the Director of Public Prosecutions will look again at a decision that Office has made with which the victim does not agree. Where a victim seeks a review of a decision not to prosecute I understand that an officer other than the one who made the original decision not to prosecute examines the file.
The EU Victims Directive states that Member States shall ensure that victims of crime, in accordance with their role in the relevant criminal justice system, have the right to a review of a decision not to prosecute. The procedural rules for such a review are to be determined by national law.
I understand that work is continuing in the Justice system, including in the Office of the Director of Public Prosecutions, to put appropriate arrangements in place to give effect to the provisions of the Directive. My Department is drafting legislation to transpose the Directive into Irish law and I expect that the Heads of a Bill will be published early in 2015. It is my intention to have legislation enacted to comply with the Directive by the November, 2015 deadline contained in the Directive.
