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

Counselling notes in sexual assault trials

Summary

Deputy Coppinger criticised legislation that would still allow counselling notes of sexual violence victims to be accessed in trials, arguing the provision is harmful and should not be included in the Bill. The Minister said the Bill was already published and promised to raise her specific concerns with the Justice Minister.

John McGuinness An Leas-Cheann Comhairle Fianna Fáil

I call Deputy Coppinger.

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Did the Leas-Cheann Comhairle call on me?

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John McGuinness An Leas-Cheann Comhairle Fianna Fáil

I did.

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John McGuinness An Leas-Cheann Comhairle Fianna Fáil

Do not be shy.

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I will try not to be.

How does the Government justify ploughing ahead next Thursday with a Bill that still allows the counselling notes of victims of sexual assault, rape and child sexual abuse to be accessed in trials despite all it has been told in recent months and years about how damaging and traumatising that is? I refer to the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026. This provision should never have been contained in this Bill because it is such an important issue. It has been thrown in with pepper spray, street furniture and a million other things in order to get it passed. On 22 December, the Minister said that he was going to look at further amendments but the Bill has appeared with no further amendments. People are still going to have to choose between therapy and trial. The only change is that, instead of the person waiving their right, it will now be passed over to a judge for a disclosure hearing on whether the counselling notes should be allowed. This does not take away the chilling effect of your notes being accessed. It forces the victim to choose between proceeding with a trial or proceeding with therapy. It is absolutely disgusting that any law that allows this exists. The Government has had ample opportunity to outlaw it completely.

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I thank Deputy Coppinger for raising this very important issue. I understand that the Bill was published on 9 January and that it is down for Second Stage in the House. It is important to raise those issues. I will raise the Deputy's specific concerns with the Minister for justice during the week.

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They have been raised with him already.

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