Ireland-FG Bill Gives Crime Victims Rights in Law for First Time

Finally an Irish political party has begun to to articulate the rights of the victims of crime. Unfortunately up to now a bleeding hearts approach has been the norm. There is a strong perception based on reality that the rights of the criminal have tended to take precedence over the rights of the victim. This FG bill is a radical measure which aims to redress the balance in favour of the victim. Hopefully the other political parties will support this bill in the Dail.
Unfortunately the FF party has tended to stymie efforts of opposition parties to introduce worthwhile measures. Often FF will find imaginary deficiencies in bills. On this basis perfectly legitimate proposals from FG and Labour are voted down. The Soldiers of Destiny are generally more concerned with political games designed to ensure that opponents are deprived of political kudos. FF may attempt to obstruct the FG bill by promising that a Government measure is in the pipeline. FF has been in power for eleven years and failed to tilt the balance against the criminal. Immediate action is a sine qua non. Efforts at obstruction -by the Government- should merit retribution at the polls.

The following is the FG press release:

"A new Bill (Victims Rights Bill 2008) published today by Fine Gael will, for the first time ever, enshrine in law specific rights for victims of crime and make provision to have their interests defined and protected, according to Fine Gael Leader, Enda Kenny T.D. He was speaking today (Wednesday) at the announcement of details of a campaign by Fine Gael to prioritise the rights of the victims of crime in Irish law. He was joined at the launch of the campaign by the joint sponsors of the Bill, Fine Gael Spokesman on Children, Alan Shatter T.D., and Party Spokesman on Justice, Charlie Flanagan T.D.
Commenting on the new proposals, the Fine Gael Leader said:
"There is a common perception that criminals have more rights than victims. This Fine Gael Bill will give to victims of crime for the first time comprehensive statutory rights under Irish law and makes statutory provision for a Victims' Rights Charter. As part of our campaign in this area the Party will also be organising a national survey of victims of crime. We will publish the results of that research at a conference on this topic in March. I hope that in the intervening time period that people will share with us their thoughts on this Bill, offer ideas on how it may be improved and eventually I hope that the Government will work with us to pass this important piece of legislation."
Commenting on the new Bill, its author Alan Shatter T.D., said:
"Under this Bill, the State and its agencies will be required to inform victims of crime of the appropriate and necessary services available to them and of the legal remedies they can utilise to obtain personal protection when necessary. Victims will be kept informed of progress made in the investigation of a crime reported by them; of the progress before the courts of any prosecution initiated and of the outcome of any court proceedings relating to an alleged or convicted offender in respect of the offence of which they are a victim. Moreover, following conviction, victims for the first time will be entitled to make representation on convicted offender's applications for parole and release.
"For the first time in Irish law, all victims of crime will be given a voice and the recognition that they deserve. They will also for the first time be entitled to have any violation of their rights investigated and reported upon, introducing greater transparency and accountability into our criminal justice system.
"At present, upon sentencing, courts are only required to have regard to Victim Impact Statements where an offender is convicted of a sexual or a seriously violent crime. The Bill imposes an obligation on the prosecution to make "all reasonable efforts" to ensure that a Victim Impact Statement is available to a court when sentencing any offender and the court when imposing sentence is required to take into account the effect of the offence on the victim or victims (See Sections 12 to 16 of Bill). Where a Victim Impact Statement has been made and the victim wishes to give oral evidence to the court of the effect on the victim of a specific offence, the court is obliged to allow the victim do so where the offence is;
(a) a sexual offence (b) an offence involving violence or the threat of violence (c) an offence relating to child trafficking and the sexual exploitation of children. (This will be extended to the trafficking of adults and their sexual exploitation following the enactment of the Criminal Law (Human Trafficking) Bill 2007 presently before the Dáil.) (d) An offence consisting of attempting or conspiring to commit or aiding, abetting or counselling, procuring or inciting the commission of an offence as referred to in paragraphs (a) to (c). "For the first time, formal statutory provision is made for the surviving family members of a homicide victim to make a Victim Impact Statement. The law in this area to date has been developed by the judiciary and has no statutory foundation. "The Bill addresses the dilemma that arose from the tragic death of Robert Holohan at the hands of Wayne O'Donoghue and also provides a mechanism for protecting victims from offenders. Section 20 of the Bill prescribes particular directions that can be given or conditions imposed by a court concerning the disclosure or distribution of Victim Impact Statements. "Such directions or conditions may be necessary to protect the victim's physical safety, security or emotional welfare or privacy and can be given provided they are not inconsistent with the constitutional rights of an offender (for example, secrecy may be required in relation to a victim's residential address). Moreover, where it is in the interests of justice to protect an offender from unfounded allegations made in a Victim Impact Statement which are extraneous to the offence for which the offender was convicted, the court is empowered to prevent disclosure, dissemination or publication of such allegations. In doing so, the court cannot prevent the disclosure, dissemination and publication of information concerning the impact on the victim or victims of the offence for which an offender is convicted. These provisions are of importance to uphold the integrity of our criminal justice system.
Commenting on the proposals, Fine Gael's Justice Spokesman, Charlie Flanagan T.D., said:
"This Bill provides for the establishment of the Commission for the Support of Victims of Crime on a statutory basis and for the publication of a "Victims' Rights Charter. The Commission was originally established by the Minister for Justice on a non statutory basis in March 2005 for a period of 3 years. The Bill provides for the continuing life of the Commission and substantially extends its functions. Under the Bill, the Commission has the following functions:-
1. to promote the interests of victims,

2. to encourage good practice in the treatment of victims,

3. to devise, periodically review and where required, to up-date an appropriate support framework for victims,

4. to disburse funding for victim support and assistance measures,

5. to draft a Victims' Charter for submission to the Minister for Justice and the Houses of the Oireachtas to be ultimately adopted in an unamended or amended form.

6. prior to publishing the draft Charter referred to in (e), to comprehensively review and evaluate any existing such Code of Procedure or Charter in the context of the provisions of the Bill and in so doing, to undertake such consultations with government Departments, state agencies, voluntary groups and individuals as it deems appropriate.

7. to publish an annual report detailing all services provided to victims by the State, State agencies and non-government organisations to whom the Commission has disbursed funds together with an evaluation of the effectiveness of such service and to detail gaps in the services provided that need to be addressed.

8. to keep under review the operation of the Victims' Charter, publish an annual Report on such review and make such recommendations for change as it deems appropriate.

9. to undertake research into the experience of victims in general and to monitor the workings of the Bill and the Victims' Charter. "The current non statutory Victims' Charter published in 1999 is in reality an information and not a rights document and has been rightly criticised as deficient. The Commission set up in 2005 has been undertaking a review of the existing Charter and working to up-date it. The Bill provides a statutory basis for such work and for greater transparency in the adoption of a comprehensive Victims Rights Charter. Moreover, it provides a complaints mechanism for victims whose rights are not respected. "If the rights of a victim of crime are violated, a complaint can be made to the Ombudsman established under Ombudsman's Act 1980, the Garda Síochána Ombudsman Commission or the Ombudsman for Children. Such body is to investigate in accordance with their statutory provisions any such complaint received that falls within their remit. Any complaints received by the Commission established under the Bill are to be forwarded by it to the appropriate body for investigation. A victim whose rights are violated may also complain to the person who under the Bill is required to accord the victim particular rights. Failure to respect a victim's rights prescribed in the Bill or Charter does not, of itself entitle a victim to claim compensation in any civil action. Existing rights vested in a victim to bring any form of court action as a consequence of any negligence or wrongdoing on the part of the State or any State body or any civil servant or State employee are not affected. Concluding his remarks on the new Bill, Alan Shatter said:
"The legislation prepared has taken into account the approach taken in similar legislation currently in force in a variety of countries in different parties of the world. It also reflects the standards prescribed by the European Union Council Framework Decision of the 15th March 2001 on the standing of victims in criminal proceedings. It is a comprehensive measure that Fine Gael believes makes a constructive contribution to the legislative process. It is our hope that it will be so perceived both by the government and all other opposition parties and that the government will not respond with the usual knee-jerk rejection of this measure simply because it is published by the Opposition. "We are calling on the government, other opposition parties and Independent deputies to support the passage of the Second Stage of this Bill when it is debated in Dáil Eireann. We are happy at Committee Stage to take on board any constructive amendments proposed that will improve the Bill and provide to victims of crime the rights and protection to which they are entitled."