Sorca Clarke (Longford-Westmeath, Sinn Fein) | Oireachtas source

I will address the part of the programme for Government that references zero tolerance of domestic, sexual and gender-based violence. We all know the devastating effect on victims when their personal counselling notes are used in court as evidence in rape and sexual assault cases. This has been outlined repeatedly by the Rape Crisis Network and other advocacy services. Last summer, the then Minister for Justice indicated that she was hopeful that preparatory work relating to banning this practice would be completed by the end of 2024. Simon Harris spoke about outlawing it entirely. That commitment, given so firmly last summer, has been rowed back on in the programme for Government. What has changed for the survivors? What has changed for those who have to stand in a court of law and face those who have victimised them and subjected them to such vile attacks? The answer is absolutely nothing. The trauma for victims of counselling notes being disclosed and presented in trials remains the same, and it stops people in their tracks.

Victims' willingness to come forward, make criminal complaints and pursue justice through the courts is already low, and the probability of having their personal counselling records dissected and used against them is not a choice any person should ever be faced with making. The fear of having deeply personal and sensitive information dragged into a courtroom and scrutinised by the very system from which they seek justice has deterred many women from seeking that same justice and left others avoiding counselling altogether.

Survivors and their advocates had some hope the Government was prepared to make meaningful changes, that those survivors of sexual violence in our legal system would be treated fairly. Survivors navigate a justice system, speaking of how they were personally affected what somebody else inflicted on them, and those notes being introduced to a court creates further trauma. Survivors of sexual violence should never have to fear the system that is meant to protect them and to deliver justice for them. This row-back is simply not good enough, nor is the lack of clarity around the wording. That needs to be undone because this needs to be crystal clear. What does amending the legislation look like? What does the Government intend to do? More importantly, when does it intend to do it?

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