Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I read that Supreme Court decision. One of the points mentioned by the court through Mr. Justice Collins was it was surprising that since 2017, when section 19A was enacted, there has not been a reported judgement on the hearing that should take place in respect of the challenge to counselling notes. I agree with the Deputy that it is very traumatic for someone to know that confidential counselling notes could be made available for the purpose of the defence of a criminal trial. None of us would like to see our medical records, let alone counselling notes, disclosed in a public realm.

That is why I intend to change the law. The changes that are being advocated will be of huge assistance to the individuals who say to the Deputy they are concerned about the trauma of being required to disclose counselling notes. At present, too many notes are being revealed unnecessarily. It has become a bit of a fishing expedition. That will stop. The only occasion upon which counselling notes will be disclosed, after the law is changed, will be if a court believes that if they are not disclosed, it would result in an unfair trial.

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