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broken, we should not fix it. I am concerned about this change. Many musicians and performers will see going to court and employing legal counsel to pursue royalties as simply being beyond their means. If securing a few thousand euro requires investing in a solicitor and a barrister

junior spokesperson on domestic and gender violence, I meet with many survivors who are all highly critical of the practice and legality of their counselling session notes being used in court settings. They universally described feeling violated and revictimised by the seizure of their private thoughts via their … respect survivors and do care for them and for our society, we must ban the use of counselling notes in court settings in a robust manner that can withstand legal challenge

court. This is a very big deal and we cannot just brush it off legally here. I was struck by the argument regarding the value counselling notes could bring to a trial. It is not the victim’s words; rather, it is the counsellor’s record and, often … coming to the Oireachtas. We should be bringing them here to get their perspective on the experiences of the people they see in counselling sessions relating to the criminal justice system in order that we can learn and ensure we make the system better. It is virtually indisputable

here tonight have taken the brave decision to wave their anonymity specifically to campaign for change in relation to the disclosure of counselling notes, and I commend them. Now is the time for us, as their legislators and representatives in the Dáil, to support them. I acknowledge that … wants. It is imperative that this Bill protects victims of rape and sexual assault from further trauma during the legal process to secure justice for those affected. Counselling is a place for healing. These sessions must not be used as courtroom ammunition. The right to a fair trial

problem with the thrust of what everyone is trying to achieve. However, I have to go with the legal advice I was given by the Office of the Parliamentary Counsel that it is not appropriate to reference it specifically in this Bill because it does not specify

step foot back in that courtroom. The most heartbreaking obstacle of all was the seizure of my counselling [notes]. Is the Tánaiste listening to what survivors are saying about our legal system - that they would actually go through the attack again, rather than go through the legal system

counselling records. If a victim objects to the disclosure, the judge will examine the counselling records and decide whether there is relevant information to be disclosed to the defence. The victim is legally represented at this disclosure hearing and, under the law, is entitled to have a solicitor … barrister, engaged by the Legal Aid Board, to act on the victim's behalf. Even where a court orders disclosure, it may impose any condition it considers necessary in the interest of justice and to protect the privacy of any person. These include a condition that part

hearing. That is not good enough. The mere fact that their counselling notes could be accessed is enough to deter people from seeking counselling and going to court and enough to cause real fear, particularly where there is a relationship with coercive control, intimate partner violence or child … assailing them with a gauntlet of misogyny. Our legal system is highly patriarchal and rooted in the idea of male entitlement to women's bodies. It reinforces that with the likes of the idea of counselling notes being used. The Minister could make a name for himself

that. I would like to see somebody put forward the argument that this is an appropriate disclosure. What is appropriate about disclosing counselling notes? These are the victim's notes and the trial is about the perpetrator being on trial, not about the victim being on trial … with letting it go to Committee Stage, where it can be amended, and trusting the House to fix it, along with the parliamentary legal team, the Office of Parliamentary Legal Advisers? What is to stop us from doing that? This is an excuse to bat this back

section 57. Just for that reason; it is already there. I cannot accept amendment No. 149 following discussion with the Office of Parliamentary Counsel. "In the care of" is used 11 times in the Bill already. Seclusion and restraint are some of the most serious infringements … person involved in the use of a restraint or seclusion, these provisions were subject to extended, comprehensive consultation between Department officials and legal advisers, as well as with the HSE and the Mental Health Commission. The view was taken that a significant additional number of provisions

comes to sentencing terrorist offences. This provides a benchmark for co-operation and information exchange between national authorities and prevents the existence of legal loopholes that may be exploited by terrorists. Notwithstanding this, the nature of terrorism continues to evolve. In 2017, in response to the growing threat … terrorist fighters in and out of the country. Travelling to Ireland and travelling from Ireland for the purposes of committing, aiding, abetting, counselling or procuring the commission of terrorism is criminalised. The act of organising or facilitating travel for the purposes of terrorism will also be an offence

institute zero tolerance for gender-based and domestic violence, and the Minister referred earlier to other changes he is bringing forward on counselling notes. While that is welcome, all of these laws are ineffective if the first line of defence, the gardaí, are not implementing them adequately. That … killed or injured by partners or women are entrapped in their homes, subjected to coercive control or manipulated by former partners through the legal process. That is why we must have zero tolerance because the consequences are so appalling for women and children. Yesterday, the Minister launched

care more about the defence strategy than we do about someone's right to seek help and privacy. It says that counselling records are not evidence, they are sacred. I know some will raise concern about the issue of a fair trial but let us be honest. What … with survivors to protect their right to heal in peace and finally say we will not turn their pain into someone else's legal strategy

they are selected, depending on how long the trial takes, they may spend a lot of time out of the courtroom during legal argument. Although I am aware that efforts were made through the Criminal Justice (Miscellaneous Provisions) Act to avoid that and provide for hearings in advance … fair and lawful manner before the court and jury to allow the jury to make a decision. The job of prosecution counsel is to get that case to the jury and to allow the jury to make its decision in the appropriate way, rather than to achieve

lock these people up too. Is that not glorification of terrorist activity? This is outrageous. The lowering to the floor of the legal bar for provocation of terrorist-linked activity must be resolutely opposed. The Government was forced to drop its draconian hate speech legislation; it must … biological and nuclear weapons, we find training "in techniques, methods, skills or technical knowledge" that enables someone else to "commit, or aid, abet, counsel or procure the commission of, a terrorist activity". Showing people in your local anti-water charges campaign how to pour cement into a water

rape and sexual assault. Among the issues which need to be addressed is the deeply traumatising impact on victims of the disclosure of counselling notes in rape and sexual assault cases. There are many other issues, though, that which make the process of securing justice difficult for victims … ensure the Minister and the Government do not put in place any roadblocks. This Bill has gone through the OPLA, the Oireachtas legal team, and there is no legal reason the Bill cannot be enacted. The only reason we might not ensure the Bill would be made

Government had long assured us were consigned to history. First and foremost, my thoughts are with the individuals and families affected. I hope counselling and health services have been made available immediately to them. If not, the Minister of State must ensure this is done today. I also … this authority and they need to be significantly expanded to do their job. Safeguarding teams and social workers must be given a legal right of entry and permitted to investigate concerns unannounced at any time, and where management and corporate leadership make decisions that lead to poor-quality