Written answers

Tuesday, 23 July 2024

Department of Justice and Equality

Victim Support Services

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
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1503.To ask the Tánaiste and Minister for Justice and Equality to consider legislative reform to entitle a victim of crime to information where a perpetrator is detained in the Central Mental Hospital, even if the perpetrator is detained as a result of another crime. [31673/24]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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A victim of the crime for which a person is convicted is entitled to certain information about the management of the perpetrator's detention, including information about any significant development in the management of that detention, as well as any impending release.

To provide this information directly to victims, the Irish Prison Service operates a Victim Liaison Office and I understand the Central Mental Hospital has a similar service. The operation of the Central Mental Hospital victim liaison service would be a matter for the Department of Health.

It has recently been brought to my attention that there is a case which relates to an individual convicted for attempted murder, who has served the sentence handed down for that crime, but who is now being separately detained, for a concurrent, but longer period of detention in the Central Mental Hospital on foot of an unrelated offence.

This means that while the victim in the attempted murder case is entitled to be informed of the release date of the perpetrator in relation to that criminal conviction, that right is essentially moot. This is because the perpetrator will not be released at the end of that sentence but will remain in the care of the Central Mental Hospital for a longer period as a result of the concurrent, but longer period of detention for the unrelated offence.

Given the unique and complex nature of this case, senior officials from my Department met with the victim to discuss the particular circumstances of their case.

On foot of that meeting, my officials committed to examining how we can ensure that a person’s right to information about the release date would continue to operate where the actual date of release from detention is deferred due a separate detention in the Central Mental Hospital on an unrelated matter. This examination is underway and it includes looking at whether amending legislation is required.

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