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

The Deputy is not being repetitive. On the intention of the proposed change, what will happen is a judge will look at a counselling note and make a decision on whether there is anything of relevance in it where, if it is not disclosed, it would result in an unfair trial. In most situations, it is highly unlikely that disclosure would then occur. However, what I cannot do, and I know some people want me to ask the Oireachtas to do this, is just have a blanket ban on disclosure of a certain category of documentation or certain type of evidence. If I did that, it would undermine the interests of victims of sexual violence more. It would mean there would be challenges to convictions. It would put a blanket ban on certain types of evidence. It has not been done previously and I have been advised by the Attorney General that it would be subject to, most likely, a successful challenge in the courts. That is something we have to be very hesitant about going down the avenue of, notwithstanding the requests of people to do so.

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