Oireachtas Joint and Select Committees

Wednesday, 7 December 2016

Select Committee on Justice and Equality

Criminal Law (Sexual Offences) Bill 2015: Committee Stage

9:00 am

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 62:

In page 26, to delete lines 35 to 39, and in page 27, to delete lines 1 to 4 and substitute the following:
“(9) (a) Subject to paragraph (b) and subsection (10), after the hearing referred to in subsection (6), the court may order disclosure of the content of the counselling record to the accused and the prosecutor where it is in the interests of justice to do so.

(b) The court shall order disclosure of the content of the counselling record to the accused where there would be a real risk of an unfair trial in the absence of such disclosure.”.

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