121. Deputy Paula Butterly asked the Minister for Justice if he will commit to the removal of the provision that allows counselling notes to be used in all legal proceedings in the proposed general scheme of the Criminal Law and Civil Law Bill 2025; and if he will make a statement on the matter. [25015/25]

Sentiment score: 0.14

I welcome the news that the general scheme of the criminal law and civil law Bill 2025 has now received Cabinet approval. Will the Minister commit to the removal of the provision that allows for counselling notes to be used in all legal proceedings?

Sentiment score: 0.40

I thank the Minister for that comprehensive answer. I understand fully the conflict he will face in trying to balance these rights. However, I want to point out the purpose of counselling notes. These notes are confidential. The are about helping victims on the road to recovery following a very traumatic and harrowing experience. The very idea that these notes could be exposed to the accused side, or indeed be used by the DPP to prove a case, is traumatic for them. Many counsellors, groups and victims have come to me and expressed their horror that this could continue again and again. Many have pointed out how this could impede victims coming forward. While I understand the balancing of rights is necessary to have a fair trial, I do not believe counselling notes have any place within a trial. Indeed, a recent Supreme Court judgement said there was no basis for the introduction of these notes on the basis of relevance.

Sentiment score: -0.15

I fear I am being repetitive on this issue. However, I am very passionate about it because I am aware of the trauma it causes victims. While I understand the legislation will give power to the judge to use his or her discretion on whether to allow these documents to be accessed by any defence team, it will be very subjective. It will put the victim in the position, prior to any trial, of entering into the zone of the unknown and potentially having his or her details relived in court. That in itself could be an impediment to a victim getting justice at a trial and coming forward.

Sentiment score: -0.08