Search the record

detention of children, how we screen adolescents and how we change the nature of access to legal rights to an undefined reference to legal counsel. There is so much wrong with the Bill that we could not in good conscience allow ourselves to be a participant

good administration; and — effective legislation must therefore, guarantee: — swift and independent investigation of disclosures; — protection against penalisation and coercive NDAs; — access to legal aid, counselling, and support; — enforceable sanctions for officials who obstruct investigations; and — full compensation for those who suffer detriment through State inaction or abuse … reinstatement, and exemplary damages to whistleblowers who suffer detriment due to refusal or obstruction of investigation; — establish a whistleblower legal aid and support fund to provide representation, counselling, and rehabilitative assistance to whistleblowers and their families; — amend the Protected Disclosures Act 2014, to prohibit the use of NDAs

whistleblowing directive. It has not been done. We need to be fully compliant with the directive. While there is free legal advice and counselling available, the lack of free legal aid is a major flaw. It should be brought in straight away. The cap on compensation for whistleblowers

million to cover additional expenditure under four subheads in the CSSO Vote: subhead A2, administration non-pay; subhead A3, external legal services; subhead A4, fees to counsel; and subhead A5, general law expenses. Subhead A2, administration non-pay, was allocated a provision of €4.464 million … will be €17.801 million, leaving a shortfall of €801,000 in this subhead. These are primarily fees payable to external counsel following the delivery of the relevant legal service, where they represent Departments and offices in litigation before the Irish courts, other tribunals and the Court of Justice

only 14% of that makes it to trial. Access to counselling notes is of particular concern. The accused and their legal teams have the ability to access counselling notes. Victims and survivors have said that this is extremely invasive and traumatic. As far back as 2021, the citizens

public nursing homes. It is essential that public nursing homes are included. This was considered by the Department's legal department and the Office of the Parliamentary Counsel. As the current definition of a relevant designated centre does not include public nursing homes, these amendments are necessary

powers but I take the Deputy's point on our criminal justice system and legal system needing to take this extraordinarily seriously. Instinctively, I agree with what the Deputy has said about counselling notes. Cases should be heard on the evidence before them. When somebody goes to seek … counselling or therapy, that confidentiality, privacy and sensitivity matters. I will not say something in this House that turns out to be legally wrong but the Government will try to get as close to what the Deputy suggests as is possible. We will take very seriously the recommendations

those women and the Minister knows the case of Nikita Hand. The other key issue is the ban on access to counselling notes, which has become a significant issue. We now have a situation where the Minister proposes to let a judge make the decision. That … party committee. I have seen videos of Government TDs calling for a complete ban. The Minister has legal acumen and plenty of expertise to access. He can decide that counselling and therapy notes are not evidence. He can outline in a Bill all the reasons they

make it the norm is laudable. Tied in with this is the need for a legal aid and support fund so whistleblowers, and sometimes their families, can get representation, counselling and assistance. Speaking up should not mean financial ruin or personal collapse, as it has in the past

victim. The victims of sexual violence often feel ignored, retraumatised and dismissed because the legal system is designed, by virtue of its adversarial nature, almost to break them. Their counselling notes can still be used against them in a rape trial. I acknowledge the work that Deputy Coppinger

Tánaiste could focus on the issue of the counselling notes and the DPP. He did at the end there; fair play. On the counselling notes, the Minister has drafted a Bill under massive pressure and after campaigning by survivors who should not have to do this. Sarah Grace … back to the drawing board. With his legal acumen and all the legal expertise the Government has, he should be able to come up with a way to rule out counselling notes as evidence in a fair trial in line with the Constitution. Maybe we could return later

counselling notes should not be part of a criminal trial. I accept fully the logic of the point about the chilling effect of the possibility of notes being used. I agree with the Deputy on that point. I accept her challenge in terms of understanding the legal advice

floor of the House. My colleagues in the Labour Party will also be supporting it. This legislation is not just a legal reform; it is a lifeline for survivors. It is about ensuring justice does not end at conviction but continues to protect those who have endured unimaginable … reported to gardaí were detected. Meanwhile, demand for support services is surging. Rape crisis centres recorded 13,098 helpline contacts and 14,778 counselling appointments last year. That is a 48% increase. These figures tell us one thing clearly, namely, that survivors need more than words. They need

their private counselling notes being disclosed and even shared with their perpetrator. Many victims state that this is why they avoid seeking counselling at all. Let me be clear: this Irish justice system is failing women. After the traumatic court process, the sentences handed down are shamefully lenient … these horrible crimes. This underscores the need for this Bill. Victims live in constant anxiety about their attacker's release. While other legal avenues may exist, they are not the right fit. Victims must not be forced back into court to fight again for basic safety. This Bill

extremely careful with what I say about the detail of that. I am conscious that we want to establish a process that is legally robust and that has very clear terms of reference. We have asked the parents, the advocacy groups and the breadth of stakeholders, including … that will have to ultimately sign off on them. The Attorney General is already engaging with potential people and potential names, including senior counsel and so on, to determine who may have availability to do this work and to get that going as quickly as possible. Of course

teams to stall. When whistleblowers come forward, they are being absolutely battered and punished. Millions of euro in public money is spent making legal teams rich and nobody is getting an answer. I will go back to the years 2000 to 2002, when 59 people in east Cork … voice. As Deputy Mairéad Farrell said a moment ago, we introduced an alternative Bill in 2021. It had provisions for mental health and counselling supports for families. Every single one of the whistleblowers in the last protected disclosure I brought here was paid off by the Government

women. I wish this would be the last debate but we all know there is a body of work to do, from the legal barriers to the lack of resources for supports and ingrained misogyny that goes all the way down from fully-grown men to what … next strategy. All we know is we have promised legislation and also legislation not promised, such as on the issue of therapy or counselling notes, as Deputy Coppinger referenced, and a commitment to have "a review of the current strategy's implementation to inform the development

careful when looking at the bald statistics that make us look as though we are a complete outlier; the difference in our legal system and categorisation of people as judges can result in those numbers standing out significantly. Notwithstanding that, we certainly need more judges appointed. Deputy Carthy … approval from Government for it. At present, it is being drafted in the Attorney General's office and the Office of the Parliamentary Counsel to the Government. Those issues regarding digitalisation and freeing up garda resources from the courts will be available there. On the issue of garda