Ruth Coppinger (Dublin West, Anti-Austerity Alliance) | Oireachtas source

I do not think the Tánaiste has adequately explained why amendment No. 28 has been introduced. I am not sure why we should be allowing the prosecution in a sexual assault case to access somebody's counselling records. I would like to hear a bit more about that. The Tánaiste's amendment will allow the prosecution in sexual offences cases to apply for the disclosure of counselling records even if the defence has not looked for them. We have tabled amendment No. 1 to amendment No. 28 to provide that if what the Tánaiste is proposing goes ahead, there should be a review of the operation of this measure "not later than two years after the commencement of this section". Such a review would look at the impact this aspect of the legislation is having on people involved in rape or sexual assault cases. This would enable us to ensure it is operating as intended and is not leading to the disclosure of counselling records becoming the norm, which could deter victims from coming forward. I think the Tánaiste should agree to review this, at least. It seems to be setting a precedent that I am not sure we want to set.

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