Helen McEntee (Meath East, Fine Gael) | Oireachtas source

To give some context, section 21 of that Act, as the Deputy outlined, states:

In any proceedings relating to an offence, where a court is satisfied that— (a) the nature or circumstances of the case are such that there is a need to protect a victim of the offence from secondary and repeat victimisation, intimidation or retaliation, and

(b) it would not be contrary to the interests of justice in the case, the court may give such directions as it considers just and proper regarding any evidence adduced or sought to be adduced and any question asked in cross-examination at the trial, which relates to the private life of a victim and is unrelated to the offence.

It is really important that a decision can be made on that particular section in the preliminary trail hearing as to whether a victim can or cannot be questioned on his or her private life for the two reasons outlined. It does not prevent a matter from potentially being addressed later in a trial, for example, if new evidence arises or there is a reason a defence may seek to raise questions under section 21 of the Criminal Justice (Victims of Crime) Act. Removing the provision, as the amendment proposes, would mean a decision on whether to include this type of questioning could not be taken at the preliminary trial hearings. The reason we are introducing this provision is to remove this type of decision from the subsequent trial where it might cause a delay. That is not to say the matter cannot be addressed in the trial. It is important that this question can be asked and a judge can decide whether it is appropriate in the preliminary trial hearing. I suggest, therefore, that we keep this provision.