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Dáil
‹ Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation

Counselling records in criminal trials

Summary

Deputy Donnelly raised a victim being compelled to hand over counselling notes for trial purposes, and the Tánaiste said he would look into the issue. The Minister for Justice added that the O'Malley report implementation plan includes reviewing counselling-record processes to better support victims.

I wish to raise an issue that I was aware of in my previous role but heard about again on the "Today with Claire Byrne" programme. Sarah was viciously attacked in her own home and suffered physical and emotional trauma. As part of her healing she attended counselling and, as happens in these sessions, she spoke her deepest thoughts and feelings in regard to what was going on for her. She was then forced to hand over the notes from her counselling sessions in regard to the trial of the person who attacked her. To rub salt into the wounds, she had to pay for those sessions while those who perpetrate such attacks can access counselling free of charge. Will the Tánaiste give a commitment that this issue will be addressed in any changes to legislation proposed in the programme for Government. It is deeply concerning that people are forced to hand over their counselling notes to a defence.

Comment on this
Leo Varadkar The Tánaiste Fine Gael

I thank the Deputy. I am sorry to hear about Sarah's experience. I caught a tiny bit of the interview on the radio this morning, but I did not hear it in its entirety. I will listen back to it in order that I can understand it a bit better. I do not know the details but I do know that conversations between therapists and, for example, doctors and clients are privileged and confidential. Maybe that is not always the case with counselling services. The Minister for Justice, Deputy McEntee, is signalling to me that she would like to come in.

Comment on this
Helen McEntee Minister for Justice Fine Gael

On that issue, following on from the publication of the O'Malley report last year we have published an implementation plan, part of which is supporting a victim's journey. The key focus is to make sure that we support victims through what is an extremely difficult and traumatic experience, as outlined by the Deputy. There are a number of recommendations and actions, one of which is engagement with An Garda Síochána and the HSE to look at the process around counselling records and to make sure it is done in the most appropriate, efficient and effective way, as well as in a way that supports the victim more. This is very much part of the plan and it is something of which I am very conscious.

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