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gaps and key protections are still missing or, at best, vague. It leaves the best interests of the child assessments undefined. It keeps legal counselling deliberately ambiguous. It creates an independent monitoring mechanism the Minister can control. There is no clarity on how medical vulnerability assessments will … that test, it does not just fall short but fails completely. To go into the substance of that, in the area of legal counselling one of the most consistent and serious criticism raised during pre-legislative scrutiny concerned access to legal advice and representation. The general scheme repeatedly

couple of specific issues that show this Bill for what it is. First is the Bill’s use of the term "legal counselling". Rather than providing individuals with good old-fashioned, tried and tested legal advice from a solicitor during the first stage of an international protection process … Government is saying it will provide something called "legal counselling". I have never heard this phrase, despite practising as a lawyer for many years. This is a term introduced by the EU pact but it remains undefined to date. We do not know what it will involve

shooting in the dark, which is what we are doing here. There are a number of omissions when it comes to the Bill. Legal counselling is not mentioned or defined. My colleague Deputy Ahern will be speaking on this matter. He and I are sharing time. The Minister … range of issues regarding the independence of the inspectorate from the Government. The Bill does not define what is meant by legal counselling. We had a lot of discussion on this at the committee and about who will provide it. Huge numbers of members of the legal profession

right to apply for asylum. Second, the Bill fundamentally undermines the right to legal representation by providing only for access to so-called legal counselling. What "legal counselling" means, we do not know. It is not defined by the Bill, but we do know for certain that

necessary and watertight safeguards. We are not the Trump Administration, and those with a better knowledge than me are arguing that provisions on legal counselling are too vague, leaving applicants, including vulnerable people, without clear access to independent advice at key stages. Vulnerability assessments are preliminary only … detention of unaccompanied children, except in very exceptional circumstances with automatic judicial oversight. Maybe we need to guarantee access to free, independent legal counselling at all stages, including detention decisions and age assessments and strengthen age and vulnerability assessment procedures. We should maybe restore oral appeals

freedom of movement, detention, alternatives to detention, special reception needs and labour market access. There will be amendments to make provision for legal counselling, legal advice and legal aid, as required under the asylum procedures regulation. I will introduce provisions on temporary protection, which will include expanded

Minister to consider that on Committee Stage. I also have a concern about the legal counsellors provision and the provision of legal counsel. "Legal counsellors" is not a term I understand. I understand what it means in plain English, but I do not understand whether it means qualified

trafficking and stateless persons, need to be addressed. Significant concerns were raised during the pre-legislative scrutiny process regarding what is meant by legal counselling and who will be able to provide it. These need to be addressed. There are also concerns about the ability to meet

they continue to attend counselling. We heard very starkly that people now make a decision on whether to attend counselling or to pursue legal recourse. The submissions and evidence emphasised to committee members across all parties both how crucial counselling is to surviving and how the reality … come across a single case where divulging counselling notes was warranted in order to receive a fair trial. We deal with making the law here but victims and survivors are living with the impact of the laws we make. The legal process, we are told, is traumatising victims

court. Any person who is accused of a criminal offence and who needs the services of a translator will have their own legal solicitor and counsel representing them. I suggest to the Deputy that it will become readily apparent if the translation services being provided are not adequate

introduce pepper spray into overcrowded prisons and so on. I want to mention the counselling notes first. This week, Margaret Loftus stood outside a court and told us that the legal system had done as much damage to her as the violence she faced. It is yet another … could do. There are a couple of ways around this. The Minister could, for example, make these counselling notes privileged. We have loads of privilege in our society and our legal system. I will give a couple of examples. We have privilege for the legal profession, which means

intervene to change the determinations. It is a statutory process under an appeals panel that is led by a senior counsel and which includes experts from the legal and engineering professions. The panel is appointed by the Minister in a clear and transparent way, which is managed

being victims and survivors of coercive control. As a practising counsellor, I was not aware that the legal team of a perpetrator of these horrific crimes could request my counselling notes to be used to defend its clients. Thank God, I was never asked to hand over such

their free legal aid in some way. That is something we need to explore. I also note the Minister’s comments in his opening statement in regard to the recommendations by the justice committee on the complete and unconditional ban on the use of counselling notes in criminal … innocence and a fair trial are the cornerstones of our legal system and pillars that I wholeheartedly believe in. They should be guarded and protected at all costs. However, I struggle to understand how the exclusion of counselling notes can threaten these principles. One of the victims

legally represented, and where the defence must make a compelling case that disclosure is required. Therefore, such records will only be released where the judge deems them relevant to the defence. I know that there have been calls for an outright ban on the use of counselling records … disclosure of counselling records is not compatible with the Constitution. I cannot seek to introduce legislation that is described by the Attorney General as unconstitutional. I am also aware that other stakeholders in the domestic violence sector have also secured their own legal advice. That legal advice

respect the Judiciary, its members are trained to assess evidence but counselling notes are not evidence. They are third-party interpretive records, therapeutic tools created in the context of care, not legal precision. The Minister speaks of balancing rights but this proposal tips the scales further against … victim. It tells survivors that their deeply personal journey through trauma, their rawest moments in therapy are now default material for legal scrutiny. It tells therapists that their notes, written to aid healing, may become fodder for cross-examination. This will retraumatise and deter. The Minister points towards

that in this Bill there are issues dealing with sexual offences, prisons, community service and other areas in respect of the civil legal system and evidence system. If I was to wait for a broad general Bill, whether it be a Bill on prisons or a Bill … want to mislead people. The Oireachtas cannot ban counselling notes without putting in place a real risk that a subsequent trial involving a complainant and a survivor or victim before the courts would be undermined because a successful legal challenge would be brought against it. Another issue raised

have to choose between the privacy of whatever record of their counselling sessions has been kept and the pursuit of justice. As I understand it, a judge will examine the records, the victim will always have legal representation and the court will decide what, if anything, should

factor in prisons, the situation now demands a response and it is in this context that the Bill includes provisions to remove the legal barrier to the possession and use of incapacitant sprays by prison officers. The Bill provides that the use of such sprays will be permitted … contains important measures in relation to victims and potential victims of sexual violence and exploitation. I will focus first on the issue of counselling notes. I want to begin by acknowledging the distress that the disclosure of such personal and sensitive information can cause. As Deputies will

running an OMC. They often wrangle with the developer and wrestle with legacy issues. They do not have the same access to legal advice, and so on. Reform of the MUDS Act is incredibly important and the first step of that is for the Minister to transfer responsibility … will not dwell on that. I note other provisions on pepper spray and note also the Minister's comments on the counselling notes. It is certainly a more tricky and difficult area but the Minister said we will see further amendments on Committee Stage, which I look forward

from the State. Margaret did not consent to this order and there was no legal basis for this order being made. Eventually, the legal firm for the media got this application lifted so it could be reported on. Margaret was questioned twice by an Garda Síochána on articles … court. Margaret was not happy with the way the State presented the case, so did some investigating herself. She realised the senior counsel assigned to the case by the State knew Trevor Bolger well and had worked with him on high profile drug cases previously. As Margaret queried

with in such a way that this is not going to happen any more. I have met individuals who will not go for counselling. When that is something that comes out as a result of where we are in this country and the case law that has been … allowed only in very specific cases, as he said, in relation to people getting a fair trial. I doubt it. There will be legal challenges left, right and centre. I believe there will be a precedent set then and it will fall. I need the Minister to think

having to go to such lengths. I welcome that aspect of this Bill. I welcome the extra protection for survivors in respect of counselling notes. There have been many positive suggestions in the Chamber in relation to going further to protect survivors and to ensure they have their … very worrying legislative provision. I want to see a provision that ensures this will not be an option for repeat offenders. Free legal aid also needs to be looked at for repeat offenders. First, free legal aid is not free. It costs the taxpayer. In 2024, it cost

shared by the Bar Council. The question is not whether gardaí need this tool but whether the new powers are necessary, proportionate and legally sound and we should be able to debate the Minister's proposal on this Stage. Let me turn to pepper sprays in prisons … proper rehabilitative outputs that could genuinely make prisoners play a constructive part in communities when they come out. I will turn to counselling records. There is no part of this Bill that exposes the moral limits of the Government more starkly than in what it does to survivors

would be removed from the Gardaí so that all court proceedings would be conducted by legal professionals, as recommended in the report on the operation of bail in Ireland prepared by Senior Counsel Lorcan Staines entitled ‘An Assessment of the Efficacy of Bail Laws in Ireland