Sorca Clarke (Longford-Westmeath, Sinn Fein) | Oireachtas source

Family courts should be part of a process that finalises the end of a relationship. It should not be used in any shape or form to further damage or to further traumatise any individual. We have to recognise that the end of a relationship does not signify the end of abuse. I have spoken with individuals who have told me that they have been advised to be extra careful and extra vigilant after the relationship has ended. This is because most perpetrators’ actions will increase at that point. Now that Ireland has ratified the convention and now that there is a legal obligation to uphold its provisions, is it the view of Women’s Aid that further legislation is required to ensure that that abuse is taken into account when determining custody and access? How do we take the Istanbul Convention and implement it into our legal system to ensure that it is not used to re-traumatise, to re-injure or re-damage people?

I have two brief questions about the O'Malley review and to the Judicial Council. Are the witnesses of the opinion that the pace of implementation of the O'Malley review is sufficient? Are there areas that need to be expedited? What engagements have the witnesses had as organisations with the Judicial Council in relation to the shortfalls that exist in the courts at the moment?

Finally, I have one specific question for the representatives of the Dublin Rape Crisis Centre. They spoke of survivors’ and victims’ counselling records being brought before the court, as well as the waiver. These are very personal records. They are records of meetings where trauma will be disclosed and where harm is being disclosed. The ultimate object of those counselling sessions is healing. Can the Rape Crisis Centre explain the usual outcome for people in court, arising from the decision, in view of the fact that the 2017 Act needs to be amended for the purpose of excluding counselling records from court cases? I ask this because one of the concerns that I have is when people seek counselling it is based on an event that has happened in their life. For that counselling to be as effective as it can be, there must be full and open disclosure in the process. If there is the potential for that to be brought before the court, are we creating a situation whereby those who want to heal and those who are seeking support are less likely to engage in a process, because they know that the information could at future dates be brought before a court? They are thereby being re-traumatised by going to court. As well as this, they are not getting the maximum benefit from the counselling, for fear that it will eventually be brought before a court. It therefore creates a circular system whereby no full healing can take place at the end of it.