Defence Minister examining protections for victims of military crime

The Defence Minister has said she wants to ensure victims of military crimes have the same protections as other victims but has not provided a timeline to legislate for such a move.

Helen McEntee said it is “essential” that every victim has the same access to support.

The Criminal Justice (Victims of Crime) Act 2017 provides for minimum rights, supports and protections for victims of crime.

These include the right to be kept informed of the progress of the investigation and any court proceedings, the right to have protection against further victimisation and intimidation and the right to be told of a decision not to prosecute.

The Act applies to An Garda Siochana but does not reference the Military Police or the Director of Military Prosecutions, which can have jurisdiction over crimes committed by Defence Forces members.

Asked if protections should be extended to those bodies, Ms McEntee said: “My view is that any person who’s a victim of a sexual crime or a victim that needs access to information or supports, that they get that.

“I’ve worked and met with some of the representative organisations and this is something that we have discussed.”

Asked if it could be dealt with through a simple amendment, Ms McEntee said: “I’m very clear that I want to work with the Defence Forces and want to work with all those involved here to see can we make progress on this.

“It’s essential – irrespective of who you are, where you are and where you work – that you have access to the same information, the same rights and the same supports as anybody else.”

She said this would continue to be prioritised.

Pressed for a timeframe, the minister did not give a date but said: “I’m committed to try and progress this.

“It is essential that everybody has the right kinds of supports available to them and that really has to be the overall objective.”

The Defence Forces said it would welcome the formal inclusion of the Defence Forces in the Act.

In a statement, it said: “All military personnel are afforded the same rights as civilians through the civilian justice system, where your rights are primarily set out in the Criminal Justice (Victims of Crime) Act 2017 as the Defence Forces Victims Handbook outlines.

“In addition, despite the Military Prosecution System not being included in the Act and not being required to follow it, the Defence Forces applies this Act, where feasible, taking it as best practice.

“However any decision to formally include the Defence Forces in this Act would be welcomed.”

The Department of Justice said agreement on amending the EU directive on which the Act is based was agreed in December and will be formally adopted shortly.

The department said this will likely require an update to the 2017 legislation.