billion in 2016 to more than €10 billion in 2023. My Department is continuing to work with the Office of Parliamentary Counsel and legal advisers on the drafting of the arbitration (amendment) Bill 2025. I expect to be in a position to publish the Bill in the coming
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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
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
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
that are incredibly stressful and which they are not used to. They do not understand how it works and the provision of legal advice and counsel in advance of that happening, particularly when we are talking about domestic violence, could be very helpful for their navigating the process … deals with differentiating domestic violence victims or people involved in those proceedings from others. I think this is appropriate. Where civil legal aid is provided, the people who are perhaps in the most dire circumstances are very often those who are the victims of domestic violence disputes
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
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
acknowledge is an epidemic. It is largely unreported. One of the key reasons is the hostile, traumatising and misogynistic legal system that so many complainants face. Survivors' counselling notes being used in trials has been an issue raised on the floor of this Dáil and campaigned … violating practise of raw counselling notes being handed to lawyers and the accused. It does not expressly state that counselling notes are not evidence. There is no legal advice to survivors about the whole process. The complainant is only notified of an application order after the court order
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
about the type of investigations we set up. There seems to be an inordinate amount of faith in people in the legal profession, be they senior counsels or judges, to conduct investigations. We are now left with an investigation which published 2,000 pages and six volumes
budget 2027, is that of the need to address certain underlying issues within the operation of the civil legal aid scheme, with a particular focus on private practitioner fees, counsel fees and the rates of fees paid to experts providing supports, particularly in child and family cases under … current demand and be ready to respond to future demand changes. The civil legal aid review group in its 2025 report noted the following to be the case. The structure for fees paid to counsel and fees paid in certain family law cases in the District Court under
made;
— appeals under the DCB scheme are covered by a statutory process under an Appeals Panel led by a Senior Counsel and with experts from the legal and engineering professions appointed by the Minister under a clear and transparent process managed on his behalf by the Public Appointments … Department of Health's commitment to enhanced mental health supports for individuals and families affected by the defective concrete blocks issue, free counselling sessions are available to individuals and families in the five relevant counties;
— the Grant Scheme was designed in accordance with the prevailing scientific evidence available
submissions to the chairman. There are 62 core participants, of whom 58 comprise families or groups of families represented by a range of legal firms. The Bill makes provision for them to attend and hear at first hand the evidence given before the nominated judge of the High … rationale underpinning such a mechanism.
Apart from these fundamental problems with the amendment, giving the chairman, counsel to the inquiry and the nominated judge decision-making roles would likely bring legal challenges or appeals into play. In the case of the chairman or his counsel, it is unclear
asked about the appeals process. Appeals are covered by a statutory process under the appeals panel, led by a senior counsel and with experts from the legal and engineering professions appointed by the Minister under a clear and transparent process managed by the Public Appointments Service. The appeals
under the defective concrete blocks scheme are covered by a statutory process under an appeals panel led by a senior counsel, and with experts from the legal and engineering professions appointed by the Minister under a clear and transparent process managed on his behalf by the Public Appointments
very much for her question. I am committed to trying to ensure that the situation that operates at present, where counselling notes are routinely provided to the legal team of an accused, comes to an end. I brought forward proposals to the version of the miscellaneous provisions Bill … this House and some of the important stakeholders have said, and I am going to introduce a statutory form of non-disclosure for counselling notes.
The Deputy’s question asks that I should ban them completely.
In listening to people, be they in this House or stakeholders
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
related matters.
At the outset, let me express my sincere thanks to Karen O'Brien in the Office of Parliamentary Legal Advisers and Owen Garvey, assistant parliamentary counsel, for their invaluable research and drafting assistance. Also, my thanks to Luke Norton in the Bills Office for his assistance … curtilage of the buildings are situated but also all farm and agricultural land. If accepted, it would introduce a greater level of legal clarity for farmers and landowners. It would also significantly expand the scope of the physical area that would be captured within the law of trespass
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
community-based services;
— provide immediate and practical protection for families targeted by drug gangs, including emergency accommodation, relocation where necessary, counselling, family support and access to appropriate legal assistance;
— develop a national programme to prevent the recruitment and exploitation of children and young people by drug gangs, including
they want to, or we can try to get a flexible structure in place based on the expert legal opinion of a very eminent senior counsel.
We are very clear. We have published the Remy Farrell report in full. It is important to do that from the perspective
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
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
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
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
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