Dáil Éireann Debate, Tuesday - 24 June 2025
643. Deputy Ivana Bacik asked the Minister for Justice, Home Affairs and Migration his plans to amend the Criminal Justice (Victims of Crime ) Act 2017; and if he will address an issue regarding section 4(1), which introduces a distinction between victims’ rights pre-and post the legislation, where no such distinction is contained in the relevant Directive, leading to impermissible discrimination between victims. [34227/25]
Amharc ar fhreagraThe Criminal Justice (Victims of Crime) Act 2017, transposes Directive 2012/29/EU of the European Parliament and of the Council into Irish law, and provides for a comprehensive framework of rights for victims of crime.
Section 4 (1) of the Act states that its provisions shall not apply to a decision referred to in section 8 (2), (c), (d), (e) or (f) – if those decisions were made before the relevant provisions commenced. Amendment 10 introduced during Oireachtas debates made two key changes to section 4. First, it removed the general exclusion of the Act from applying to ongoing cases that began before its commencement - provided its application would not compromise the fairness of those proceedings. It also added a new subsection (2), clarifying that victims do not need to prove an offence was committed or that they were harmed to access rights under the Act.
In July 2023, the European Commission published a proposal for a Directive amending the Victims Directive which is still the subject of ongoing negotiations between the Council and the Parliament. Once negotiations at EU level are finalised, officials in my Department will, as a matter of standard practice, review our victims’ rights legislation and policies during the transposition process.
