Victims’ groups warn Irish legal vacuum may weaken rights after European ruling

Groups supporting victims of crime fear a landmark Europe-wide ruling giving new rights and supports for victims from today will not have full effect in Ireland.

They say the Government’s failure to bring in domestic legislation to match the EU directive, and a lack of funding to back the new measures means the anticipated “new dawn” for victims may not materialise.

Under the directive, all victims of crime will have the legal right to be referred to specialist groups for free support, advice, counselling, and treatment as required.

They must also be kept informed about developments in their case, from the start of any Garda investigation to the release from prison of any convicted perpetrator.

They will also be entitled to protection from intimidation, to give evidence to court by television link if vulnerable, and to have an explanation from the DPP where a suspect is identified but not charged.

But the Government has yet to finalise the Victims of Crime Bill to give the directive legal backing here, although Justice Minister Frances Fitzgerald said its provisions would be honoured even without legislation.

Brian Killoran of the Immigrant Council of Ireland said the organisation supported women sex-trafficked into Ireland whose experience of the criminal justice process should be transformed under the directive.

They should be spared the direct provision system used for other undocumented migrants, be offered treatment for trauma, have independent and timely legal representation, compensation, and education to give them a fresh start.

“We do not believe our current practices meet those requirements,” he said.

“Today should be a new dawn for victims of crime across Europe as the Victims Directive comes into force but here these rights have yet to be recognised in law.”

Cliona Saidlear of the Rape Crisis Network of Ireland said Ms Fitzgerald must address the financial implications. She said rape crisis centres, which are part of the response to victims envisaged by the directive, had funding cuts of up to 30% since 2008, while the network had lost all its core funding.

“These rights should reduce the levels of fear and re-traumatisation experienced by victims of sexual violence as they go through each stage of the criminal justice process, and for this reason are very much welcomed,” she said.

“But we urge the minister to pay attention to the resource allocations of the directive, as we fear current allocations are inadequate.”

The groups join 12 others in the Victims’ Rights Alliance in the Mansion House today to mark the start of the directive. The gathering will hear from victims, gardaí, lawyers, and politicians about how they believe it should operate.