Liam O'Driscoll: State must fund a compensation scheme for victims of violent crime
Justice Minister Helen McEntee intends to set up a statutory agency to co-ordinate the State’s response to domestic and gender-based violence. File picture
Victims of crime often incur financial costs as a result of the injuries inflicted on them in the course of violent criminal acts.
These costs typically include loss of income, along with medical, counselling, and other bills.
Under the scheme of compensation for personal injuries criminally inflicted, victims of crime and the families of fatally injured victims can apply for compensation from the State in respect of such costs.
Since the scheme’s creation in 1974, victims of violent crime have experienced considerable problems accessing this compensation. Such problems include restrictive eligibility criteria, an absence of trauma-informed support, delays, and a lack of clarity as to decision-making procedures.
Successive governments have been aware of these problems for decades.
Last month, the Law Reform Commission (LRC) published its consultation paper with a view to reforming the scheme. The need for such reform is clear under both EU law and the EU Strategy on Victims’ Rights.
One proposal is that the scheme should be put on a statutory footing. At present, the scheme operates at the discretion of the Department of Justice. While this enables a degree of flexibility in the administration of the scheme, the LRC has proposed the introduction of legislation to ensure victims’ entitlements are clear and enforceable.
Most importantly, the LRC urges the inclusion of a number of guiding principles in any legislation to ensure that the purpose of the scheme is unambiguous. According to the LRC, one such principle ought to be that of reparation, where the scope of compensation is broadened to include non-financial benefits for victims. Further principles put forward by the LRC include viewing compensation as a right of crime victims, in line with EU law, as well as the principles of acknowledgement, solidarity and the minimisation of secondary victimisation.
The LRC also raises the question as to the necessity for the creation of a permanent and independent statutory body to oversee the scheme and to replace the Criminal Injuries Compensation Tribunal, which currently administers the scheme. According to the LRC, such a body could function as a national victim’s office to consolidate the provision of victim support services, including compensation, as a trauma-informed ‘one-stop shop’ for victims.
It has emerged that Justice Minister Helen McEntee intends to establish a statutory agency to co-ordinate the State’s response to domestic and gender-based violence.
While there can be no doubt of the pressing need for improved specialist support services for these victims, in line with the LRC’s provisional views, I argue that a single agency for all victims of violent crime is more beneficial.
Within this single agency, specialist and appropriately tailored support and assistance would be available to specific categories of victims, according to their individual needs. A single agency would enhance service provision, including compensation, for all victims including the families of homicide victims, victims of terrorism and, of course, victims of domestic and gender-based violence.
Ultimately, such an agency needs to be properly funded and resourced to compensate and adequately support crime victims. This is essential in light of Ireland’s EU law obligations under the Compensation Directive to put “fair and appropriate” State compensation in place for the victims of violent crime.
Indeed, if Ireland is to fulfil this obligation, I argue that compensation in respect of pain and suffering for all victims will have to be included in the scheme, in line with the developing caselaw of the European Court of Justice.
The LRC’s proposals are provisional at present and, in due course, it will present finalised recommendations.
One issue in particular which highlights the pressing need for reform is the time limits which applicants to the scheme must follow. Victims of crime must submit their applications as soon as possible, but no later than three months after the criminal act occurred. There is discretion to extend this period up to two years in exceptional circumstances.
The reality is that many victims delay the reporting of offences to the authorities for completely legitimate reasons, including the fear of not being believed. I argue that these time limits, therefore, need to be extended with built-in exceptions, which take account of the reality of the victimisation process.
As it stands, the operation of the scheme does not accord with this reality and encapsulates inappropriate victim-blaming attitudes. For example, the rule which permits compensation to be denied, or reduced, due to the character, conduct and way of life of an applicant often results in claims being rejected if victims hold previous criminal convictions. This is despite the fact that they might have paid their debt to society and moved on from previous criminal behaviour.
Overall, it is now incumbent on the State to respect victims’ right to compensation on a practical basis by putting in place a properly funded and victim-centred compensation scheme without delay.
• You will find links to the consultation paper and a summary in plain English on the Law Reform Commission website. Comments and submissions are invited from all interested parties by Tuesday, April 19, if possible.
• Liam O’Driscoll is a PhD researcher in the School of Law and Government at Dublin City University. His research on state compensation for victims of violent crime is funded by DCU’s Faculty of Humanities and Social Sciences
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