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
Dr. Susan Leahy:
My research was done in the summer of 2019, when the legislation had been live for just over a year. No legal professional I spoke to had any experience of the disclosure regime in operation. The legal professionals stated that, in general, they felt that waiver was common and that complainants were waiving because they did not want a delay. They gave the notes because they did not want to go to a hearing or have any more delays. Another key finding of my report was that the delay endemic in the system is a massive source of trauma for victims in the process. My instinct is that I do not think when people are asked to disclose their notes they would ever dream of those notes being used against them. My instinct is they may say, of course-----
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