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

Counselling notes in trials

Summary

Deputy Coppinger described a heavy-handed Garda search of a therapist's home and asked whether counselling notes should be outlawed in trials. The Taoiseach said the Minister for Justice is acting within constitutional limits on access to such notes and defended the Minister against what he called false assertions.

On 8 April, four gardaí with a search warrant barged into the home of a therapist. They shouted at her and her daughter to put down their phones, not to move and to tell them where her files were. They would not let her take a photograph of the warrant or talk to her solicitor. They said they would seize her phone and laptop. They did all this in front of her daughter, who has health conditions, and said her mother knows what she has done. The therapist had to ask them to stop shouting, such was the level of aggression.

What were they looking for? They were looking for the counselling notes of a client. They were not looking for drugs or guns but the counselling notes of a client she was trying to heal. The therapist had arranged with the client to hand over these notes when she returned from being abroad. I do not have the time to go into all of the dates and details here. The key issue is why was a therapist treated like a criminal in her home? Why has the Taoiseach and his Government allowed therapy notes of sexual assault survivors to become such an integral part of trials in the first place?

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Verona Murphy An Ceann Comhairle Independent

I thank the Deputy. Her time is up.

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Will the Taoiseach tell his Minister to outlaw this practice in trials entirely?

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Verona Murphy An Ceann Comhairle Independent

The Taoiseach to respond. The Deputy's time is up.

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The Deputy knows the Minister is bringing in six substantial-----

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He is not ruling it out, though. They can still be-----

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Verona Murphy An Ceann Comhairle Independent

This is not the forum for back and forth, Deputy.

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If the Ceann Comhairle had let me finish the sentence, the Taoiseach would have heard that.

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I was not able to speak more than four words and the Deputy interrupted me. This is ridiculous. The Deputy is either serious about raising an issue or not.

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The Taoiseach needs to answer the question.

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Verona Murphy An Ceann Comhairle Independent

The Deputy needs to refrain.

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The Deputy knows the answer to it. She has made assertions that are false about the Minister for justice. He is going far as the Constitution allows in terms of access to counselling notes. The Deputy knows that.

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The Minister is not ruling it out.

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Do not be so disparaging and negative about the bona fides of the Minister for justice on this issue.

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What about the therapist? Is the Taoiseach okay with that?

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Verona Murphy An Ceann Comhairle Independent

This is the wrong forum, Deputy. Do not ask follow-ups at Questions on Policy or Legislation. Deputy Paul Lawless.

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