Jonathan O'Brien (Cork North Central, Sinn Fein) | Oireachtas source

A number of non-governmental organisations and groups have raised concerns about section 38 of the Bill, which regulates the disclosure of the content of third-party counselling or therapy records in sexual offences trials. The Tánaiste said during the Seanad debate on this Bill that she expects to be in a position to address some of those concerns. One concern relates to the use of counselling records to question the competence of a potential witness. I suggest that our amendment No. 51, which proposes that "records relating to therapy or counselling shall form no part, partial or otherwise, of any assessment regarding a relevant record likely to be relevant to an issue at trial or to the competence of a complainant or witness to testify", would remove any doubt in that regard.

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