cases make it to trial. We need urgent action and legislation, particularly legislation to stop giving the accused and their legal teams access to counselling records. We need to end the practice of character references in gender-based violence cases and we need to provide adequacy for victims
Search the record
Every word spoken in the Dáil and every parliamentary question asked, matched on word forms as well as exact spelling, so "housing" also finds "houses".
Narrow it down: a TD or a date range
8 in debates · 0 in questions
In debates
refuge. The refuge offers outreach services by meeting women in a safe place of their choosing. It offers: court accompaniment; access to counselling; works closely with Wexford Rape Crisis and agencies such as Barnardos, Youth New Ross and the HSE, to name but a few of the great … trial. The victims and survivors of sexual violence have spoken about their harrowing experiences of the legal system. Ludicrously, accused persons have the right to request access to the counselling records of complainants. We must put an end to this invasive and traumatic allowance for perpetrators. We must
especially inappropriate considering the dynamics of gender-based violence, recent legal changes requiring sworn testimony with references does not reduce that trauma and can actually compound it;
— the accused has the ability to request access to counselling records of complainants, this has been highlighted by victims/survivors as being … cases of gender- based violence;
— protect confidentiality, the right to privacy and therapeutic healthcare for victims and immediately legislate to prevent access to counselling records by the accused and their defence team;
— provide advocacy and representation for complainants in the court process;
— ensure that there is compulsory training
many women from seeking that same justice and left others avoiding counselling altogether.
Survivors and their advocates had some hope the Government was prepared to make meaningful changes, that those survivors of sexual violence in our legal system would be treated fairly. Survivors navigate a justice system, speaking
comprehensive O'Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences, including around anonymity and legal representation in certain contexts. It also introduced a provision relating to character references in sexual offence cases. Now, regardless of whether a reference is being provided … regime in place for other serious crimes such as robbery or manslaughter.
A number of Deputies raised the issue of the disclosure of counselling records. This is a complex and highly sensitive area, balancing individuals' rights. On the one hand, there is the victim’s right to personal
time. I proposed an amendment stating that we need to ensure this operates as intended and not lead to the disclosure of counselling records becoming the norm. It has become the norm. The Rape Crisis network has confirmed that. I just want to correct the record on that … original speech in 2017. The Government talks about a trauma-informed, survivor-centred approach, but nothing in our courts system or legal system provides that. There can be different rules for gender-based violence. Why not? I have absolutely no problem with that. It is a very different
disability was particularly considered when drafting the Bill. With more than 200 sections, it is a lengthy Bill, containing a number of complex legal and ethical considerations, and it deserved and needed a number of years to bring it to fruition. The Bill will replace the existing … including community child and adolescent mental health services, CAMHS.
Officials in the Department have been working diligently with the Office of the Parliamentary Counsel and the Office of the Attorney General, along with key stakeholders such as the HSE, the Mental Health Commission, the College of Psychiatrists
would deal with that issue. I read section 19A earlier. On paper, it looks like it covers all the important issues. It states counselling notes shall not be disclosed unless it is necessary for a fair trail. Unfortunately, section 19A is not operating the way the Oireachtas intended … seen the Criminal Law (Sexual Offences and Human Trafficking) Act 2024 signed into law last year, which expands a victim's right to legal representation in circumstances.
Deputy Coppinger referred to the character reference issue. At present, the law is that if someone is going to give
In parliamentary questions
No matches in questions.
Want to see how often it came up over time? Follow “legal counselling” month by month.