Mairéad Farrell (Galway West, Sinn Fein)

I welcome those in the Public Gallery to Dáil Éireann. I am sure Deputy Coppinger will agree that the reason we are all here is thanks to the activism and the loud voices of the people who are in the Gallery, as well as those who, unfortunately, were not able to be here today. I thank the Deputy for bringing forward this Bill. Hers has been an incredibly strong voice on this issue in the Chamber. This is the type of issue she has championed and continues to champion.

It is really horrific when we consider what we are talking about and what this Bill is trying to rectify. It is incredibly difficult, if I am honest, to put into words what I wish to say. I decided to speak to a friend of mine who is a therapist. She understands the practicalities of this issue and the impact it is having on her work and the people she meets. She told me that it takes such strength for people to come to therapy in the first place. No matter the issue a person is going to therapy about, it takes a huge amount of courage and strength to go to there. While it may be becoming more common in this State, it is a relatively new thing. In a situation where rape has occurred, it is particularly difficult to go to therapy and speak to someone. She also told me that the therapy is based on the concept of confidentiality. That has long been the fundamental concept of therapy. How can someone heal properly and fully if they feel they cannot speak fully about the experiences and their detrimental impact on their mental health? If people feel they cannot express themselves and outline their experiences in full, it slows the therapy process and can derail it entirely.

My friend also told me that it has a serious impact on the bond a therapist can have with the person attending therapy. That also has a huge impact if people believe that in going to therapy, their deepest thoughts, feelings, emotions and experiences can then be read out in court. It completely retraumatises a person if their deepest thoughts, experiences and emotions can be read out in court. I am sure the Minister of State can think of an experience where he has shared his deepest feelings and thoughts with a friend or family member, thoughts that are deeply traumatic. Imagine then that friend or family member taking notes that could be subsequently read out in a courtroom full of strangers. I hope he fundamentally agrees that such a situation would be extremely difficult, especially when we are talking about cases involving rape.

My friend told me that hearing those experiences and one’s own words coming back can put a person physically and emotionally back in the place they were in. This has severe effects on their mental health and can set them back severely. There can be a deep feeling of isolation as a result. That is something we could all comprehend if we were in such a position. My friend also mentioned, as did my colleague Deputy Carthy and, potentially, others, that the real fear is that people will not go to court or that they will not go to therapy in order to get the benefit they need from doing so.

How easy is it to have ordinary medical records read out in court?

In that light, why is it allowed in the case of psychological notes? I think it was an Teachta Coppinger who said earlier that this means it is clearly not a safe place for a client, even though that is what it is supposed to be.

There are often things in politics that you know will take a lot of time to sort, and you might ask if there will be a real-life impact, but this is a Bill that will have a real-life impact on many people into future generations. I just cannot believe that the Government is not looking to progress this Bill. To be fair to Deputy Coppinger, she said that if the Bill needs to go through committee - obviously it needs to pass through Committee Stage - and be amended, so be it. The Government has armies of civil servants who can go through a piece of legislation and see how it can be amended. It is extremely regrettable that when we have the power to change things, this power would not be used. It is particularly shameful when we have a Gallery full of people who have used their voices loudly and clearly on this matter. In addition to those who are here, there are hundreds of people who could not make it here today. That we are here in this Chamber and not acting on it is an absolute disgrace.

See this speech in context