Government raises concerns with EU over 'problematic' crime directive

The European Commission is proposing a change to ensure that victims have more "effective access" to court-ordered compensation.

The Government has raised concerns with the EU over what it sees as a number of problematic approaches involved in a new directive on the protection of the rights of crime victims.

"Significant" compensation costs as well as concerns around the introduction of the EU helpline number are among the reasons raised by the Government in a proposal to the European Parliament published in July.

The Department of Justice notes: "We appreciate the rationale behind the proposals to improve victims’ ability to rely on their rights and in principle, in line with work underway domestically, support measures that assist victims of crime. 

"However, our initial view is that some of the proposed approaches are problematic for us."

As part of the directive, the European Commission is proposing a change to ensure that victims have more "effective access" to court-ordered compensation — doing so by guaranteeing victims receipt of that compensation immediately after a court judgement.

This compensation would come from the State.

The department notes: "While it would be near impossible to quantify at this point, this measure has the potential to have significant costs for the State as it is intended that the State would pay all court-ordered compensation upfront and look to subsequently recoup it from the offender. 

"The administrative costs of the proposed changes would also be significant."

Another issue for the Government is a plan from the EU to request that states, including Ireland, establish "easily accessible, user-friendly, free of charge and confidential victims helplines".

Though not against the plan itself, the Government is taking issue with wording which says that states "shall ensure the provision of helplines referred to in paragraph 1 through a telephone helpline connected to the EU harmonised number “116 006” and through other information and communication technologies, including websites".

What's your view on this issue?

You can tell us here

The Government says that the wording is ambiguous — adding that if the first port of call is the EU number of 116 006, it will be a "red line issue" for Ireland.

It says it had consulted with numerous non-government organisations which provide victim support in this country.

Those NGOs have said that having a single helpline would be a "significant barrier to victims coming forward for help".

"The attrition rate rises significantly if victims have to recount their history more than once to an advisor. 

"Our approach instead is to have a website (www.victimscharter.ie) which a victim can consult and which contains details of all the available helplines and services.

"The negotiations on this proposal were to prove more challenging, the text as presented here by the Commission would remain a red line issue.

States are set to enter into negotiations with the EU over the directive at the beginning of September under the Spanish presidency of the EU, which began last month.

However, in the proposal, the Government anticipates that those talks will likely extend until the Belgian presidency begins in January.

The Department of Justice has the primary responsiibility for the issue, though a spokesperson noted that some engagement may be necessary with the Departments of Children, Equality, Disability, Integration and Youth; and Tourism, Culture, Arts, Gaeltacht, Sport and Media.