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more serious questions if we decided to ignore the independent scoping inquiry and what the independent senior counsel has said. It is utterly wrong, and legally wrong, to suggest that a commission of inquiry is all or mainly held in private. The Taoiseach as the head … place Mr. Farrell who, I am sure Deputy Rice will accept, is completely independent. He is a very robust and competent senior counsel. We have published his report for all to see and we will now see that there is engagement. The Department of Health will work closely

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

favour of the right to privacy. I believe that is what I am doing. I cannot ban counselling notes. I simply cannot do that because of the legal advice that I have received. The Labour Party recognises that. People in this House recognise that. In terms … judge. Finally, on the interests of justice, the reason I left it in is because the advice I received is that counselling notes can be very beneficial to the prosecution of sexual offences and rapes. They corroborate what a complainant is saying and are very beneficial in terms

within constitutional limits. A complete ban or a blanket ban on the disclosure of counselling records is simply unconstitutional. That is the very strong advice from the Attorney General, and indeed other legal advice has confirmed that. The Minister is going as far as he possibly can. From

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

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

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

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

Union to resume the automated searching and matching of vehicle registration data, VRD, to the United Kingdom. This proposal comes within Title V legal basis and as a result it triggers Ireland's right or discretion to opt in under Protocol 21 annexed to the Lisbon treaty … reference to the trade and co-operation agreement. His Department is engaging with the Office of Parliamentary Counsel in this regard. The proposed Council decision has a Title V legal basis in the area of police co-operation. Its publication by the Commission on 30 January 2026 therefore

sending two teams out with different rule books and different access to information. If the Minister's counsel is entitled to see the full material shaping the inquiry, the legal representatives of those affected should be given the same right. There has to be an equal process. That

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

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

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

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

Civil Legal Aid Act 1995; ‘Act of 2005’ means the Health and Social Care Professionals Act 2005; ‘Act of 2011’ means the Nurses and Midwives Act 2011; ‘applicable record’, in relation to criminal proceedings for a sexual offence, means a child protection record, a counselling record, a medical … solicitor or barrister, engaged by the Legal Aid Board under section 11 of that Act, on behalf of a complainant or witness in relation to an application pursuant to this section. (19) Where any applicable record or counselling record containing opinion, interpretation, or third-party summaries is admitted

provisions of the Bill have been drafted with the Office of the Parliamentary Counsel, with constant engagement and consultation with the Office of the Attorney General on the legal and constitutional matters. However, I have taken copious notes, and I am sure my officials have

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

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

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

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

year wrap-up with the Attorney General and the Office of Parliamentary Counsel to the Government yesterday afternoon. We discussed the Bill and it is under way. It is legally complex and technical and there is a lot of good co-operation between the Department of Health

table a Bill to eliminate something which is potentially preventing people from seeking counselling, namely the therapy records of a plaintiff who goes to court being accessed by the defendant and their legal team. The context of this is that we have an epidemic of gender-based violence … again before having to set foot in a courtroom. The most heart-breaking obstacle of all, she said, was the seizure of her counselling records. After her body being violated, our courts of justice are allowing a second violation. In fact, they ordered a second violation

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

morning to hear incredibly warm and deserved tributes to the late solicitor and senior counsel, James MacGuill, who died unexpectedly on 6 September. James, as many will know, was a titan of the legal profession, not just in Louth or the State but across Europe. In many ways