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Dáil
‹ Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation

Counselling notes in trials

Summary

Deputy Coppinger argued that counselling notes should not be seized in trials, contrasting this with confessional privilege in a murder case. The Taoiseach said the Minister had brought heads of a Bill on counselling notes and that the issue would proceed through pre-legislative scrutiny.

Survivors of sexual and gender-based violence have been for many years seeking a ban on counselling notes being used in trials because it is so traumatising and damaging. This weekend, Jacqueline Connolly, the sister of Clodagh Hawe, who was murdered along with her children by her husband, spoke about a priest who pleaded confessional privilege who had vital information relating to those crimes but was able to not give that information by the laws of the State. We have a situation where victims of gender-based violence can have their therapy notes seized but somebody who has information about a serious crime, if a priest, can keep it all secret. The Taoiseach, the Tánaiste and the Minister for Justice favour ending this practice. They have said so in the past. Next week, survivors of gender-based violence are due to meet the Minister.

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Verona Murphy An Ceann Comhairle Independent

Thank you, Deputy.

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We need an end to this practice, not to leave it in the hands of a judge.

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Verona Murphy An Ceann Comhairle Independent

The Taoiseach to respond.

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Verona Murphy An Ceann Comhairle Independent

Thank you, Deputy. The Taoiseach to respond.

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-----one's counselling notes can be seized is what is traumatic and damaging.

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Verona Murphy An Ceann Comhairle Independent

Deputies, you have got to prepare within your time or we are not going to fit everybody in.

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I am just finishing the sentence.

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Verona Murphy An Ceann Comhairle Independent

The Taoiseach to respond.

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I was interrupted because they were all talking during it.

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Verona Murphy An Ceann Comhairle Independent

But that is their prerogative, Deputy.

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I was not sure if the Taoiseach could hear me, so I stopped.

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I heard the Deputy. The Deputy may be aware that the Minister has brought the heads of the Bill in respect of the issue of counselling notes.

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And it is not good enough. It is not ending the practice. It is just-----

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Verona Murphy An Ceann Comhairle Independent

The Deputy is not prepared to listen to the answer.

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The Deputy has raised the issue. The Minister has brought legislation. It will go to pre-legislative scrutiny and people will have an opportunity to input into the Bill. The Minister is acting on it, and has acted on it, and no person in this country is above the law.

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