FG plan seeks legal rights for victims

A plan to enact laws giving legal rights to the victims of crime, including the right to be informed of the progress of their…

A plan to enact laws giving legal rights to the victims of crime, including the right to be informed of the progress of their cases through the justice system, was outlined by Fine Gael leader Enda Kenny today.

Speaking on the publication of a private members' Bill today, Mr Kenny said there was a "common perception that criminals have more rights than victims".

Under the 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 use to obtain personal protection when necessary.

This is not an issue upon which I would wish to divide seriously in a political sense. This is something that is in the interests of everybody. We would expect a positive response and look forward to that from Minister Lenihan
Fine Gael leader Enda Kenny

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 relating to their case.

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Under the proposals, following conviction victims will be entitled to make representation on convicted offenders' applications for parole and release.

The Bill also 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. At present 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 legislation would, however, also allow a judge to order media not to publish details of a victim impact statement if it introduced "unfounded allegations".

This might be necessary in the interests of justice to protect an offender from "unfounded allegations extraneous to the offence for which the offender was convicted", the party's briefing document said.

"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," said the author of the legislation, Fine Gael TD Alan Shatter.

Mr Shatter said the bill would give victims of crime "voice and the recognition that they deserve".

The draft legislation also provides for the establishment of the Commission for the Support of Victims of Crime on a statutory basis. The commission, set up in March 2005 for a period of three years, reaches the end of its mandate in two months.

Fine Gael said it was not yet known what the intentions of Minister for Justice Brian Lenihan are with regard to continuing the commission's mandate.

Mr Kenny was also joined by the party's spokesman on justice, Charlie Flanagan for today's press briefing.

The party leader said he hoped the Minister for Justice and the Government would accept the amount of work that had gone into the private members' bill and that it would support the passage of the legislation, with any amendments, following a period of consultation.

"This is not an issue upon which I would wish to divide seriously in a political sense. This is something that is in the interests of everybody. We would expect a positive response and look forward to that from Minister Lenihan," Mr Kenny said.