Dáil debates

Thursday, 12 June 2025

Criminal Law (Prohibition of the Disclosure of Counselling Records) Bill 2025: Second Stage [Private Members]

 

12:30 pm

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)

No, that is a fact. The idea that judges are always right and should have arbitration on this is not right. I do not agree with giving all power to a judge.

I thank the Sinn Féin Deputies who have stayed and contributed to the debate on a Thursday evening. It is a pity there were not more parties. How many more women and people, because we had male victims in the Gallery when First Stage of the Bill was taken, will have to suffer this during the year we are waiting for the Minister? A year is a disgrace. Why would the Government put a stop on my Bill for a year? It shows it is not serious about moving on this quickly, as has already been said.

I do not accept that our Constitution is such a problem to everything because I do not think therapy notes were in any way ever considered. As I have said, up until this week, a ban on evictions was unconstitutional. It was done during the pandemic and now it can be extended in rent pressure zones. I want to give an example. Jacqueline, the sister of Clodagh Hawe, has written a book. In this book she writes about her sister and her nephews, who were the victims of the most heinous crime. According to her, a priest had a lot of information about the crime because he had had private conversations with the perpetrator. That priest was never compelled by anyone, any court, any garda or whoever, to disclose that information. Never; which was very upsetting for the family. That is not unconstitutional but somebody's private therapy notes are. By the way, they are third-party so how are they relevant? There are so many ways that, if the Minister and the Government had any political will, they could make this be ruled out of order. The priest is grand and he will be left at it but the victim of a crime has to give full disclosure.

This is extremely disappointing. There is a shameful record in this country of dealing with gender-based violence. I know the Minister of State spent a lot of the speech outlining all of the great things he says the Government has done but when we boil it down people still have to wait years for a trial.

They then have to run the gauntlet of victim-blaming. They do not have their own independent representation. Character references and all sorts can be wheeled up, all of which are completely traumatising. We have just seen this week how this State has not taken violence against women seriously, even in how it looks for missing women. That has to never happen again, that women are missing for 30 years and that a disappearance is then upgraded to a murder trial. The record in this country of dealing with women, from mother and baby homes to institutions and through victim-blaming in courts has been horrendous.

The chair of the justice committee has appealed to the Government to allow this to go forward in order that we can bring the therapists in and hear what they have to say, as opposed to having them caged behind the glass of the Public Gallery. We should question them and listen to their experience of having to operate under this law. We should bring in survivors and organisations who have views. We should bring in the Judiciary as well. I would be very interested in hearing why it thinks this is so necessary to maintain.

Let this Bill go forward. Let it go to Committee Stage. The justice committee is only waiting to act on this. If the Government does not let the Bill proceed, is it planning any legislation at all regarding gender-based violence? It does not seem to be a priority whatsoever. The Government's attitude is pedestrian. It is extremely disappointing that people have had to campaign and campaign. Any survivor with whom I have spoken and has heard this Bill is blocked is shocked. They are absolutely and utterly shocked and very disappointed. Even if they accepted that there were issues with it, they would have thought it would have gone forward and moved to the next Stage, where those things can be addressed.

I thank all the people who have come here from around the country. Keep lobbying your TDs all week to not accept this. Let people vote and have a free vote on a matter of conscience. Fianna Fáil and Fine Gael TDs stood in this Chamber a year ago after survivors testified and said that this should be outlawed - we know they agree with what I am saying. Please keep the pressure on TDs until we get change. We will fight to ensure that no person has to go through this misogyny in our courts system ever again.

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