Pádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

I move amendment No. 3:

In page 20, between lines 2 and 3, to insert the following:

“PART 4

INADMISSIBILITY OF SEXUAL ASSAULT COMMUNICATIONS

Amendment of the Criminal Evidence Act 1992

22. The Criminal Evidence Act 1992 is amended by the insertion of the following sections after section 30:

“31. (1) Where a person under the age of 18 gives evidence as a witness in any criminal proceedings, evidence disclosing the content of communications made by that witness in confidence in the course of sexual assault counselling shall not be permissible save by order of the trial court.

(2) In determining an application for an order admitting such evidence, the court shall have regard to the following requirements:

(a) the evidence must have substantial probative value;

(b) there must be no other evidence which could prove the disputed facts;

(c) the public interest in disclosure outweighs the potential harm to the complainant.

32. For the purpose of section 31, sexual assault counselling shall mean communications or notes thereof, whether made contemporaneously or subsequently, made between the relevant wings, being the victim of a sexual assault, and a person--

(a) who has undertaken training or study or has experience that is relevant to the process of counselling persons who have suffered harm, and

(b) who--

(i) listens to and gives verbal or other support or encouragement to the other person, or

(ii) advises, gives therapy to or treats the other person,

whether or not for fee or reward.”.”.

I understand this amendment was tabled in the Seanad by Senator Jillian van Turnhout. Given the miscellaneous nature of this Bill, she wants to take this opportunity to deal with some issues concerning the protection of children giving evidence in cases. The amendment pretty much speaks for itself. I know the Minister has engaged with this proposal in the Seanad, but I have resubmitted it for further engagement on this Stage, as I support what Senator van Turnhout is trying to achieve.

See this speech in context