Oireachtas Joint and Select Committees

Tuesday, 30 September 2025

Joint Oireachtas Committee on Justice, Home Affairs and Migration

General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025: Discussion

2:00 am

Photo of Paula ButterlyPaula Butterly (Louth, Fine Gael)

One of the issues mentioned by the Minister, Deputy O'Callaghan, in the Dáil Chamber was the right to a fair trial and the balancing of rights. Mr. Herrick alluded to the fact that there was advice to which nobody has been privy as to where that complication could arise. For women who have trauma, there is the issue of retraumatising victims. I would prefer to see the exclusion of notes tested. We can let the issue go to the courts to be tested rather than making women suffer, or suffer again, by allowing the notes to be made available at the discretion of any judge. I am not taking it out on judges, but they can take objective or subjective views. Where might this issue arise? Would it not be better to be prudent and protect the women by excluding these notes rather than running the risk of retraumatising them?

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