Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The purpose of the definition of a record in the new section 19A(1) is to describe what the record is in connection with the provision of counselling to a person in respect of whom a sexual offence is alleged to have been committed. The issue of the probative or evidential value of the record is a matter best determined by the court at the pre-trial hearing. The probative value of the record is a factor to be taken into account by the court in determining whether the record should be disclosed as set out in subsection (9)(b) of the section.