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Joint Oireachtas Committee on Justice, Home Affairs and Migration: General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025: Discussion (30 Sep 2025)

Matt Carthy: I wonder just on that note if Dr. Leahy might be able to outline in more detail the circumstances in which we would get to the point Ms O'Leary spoke about. How would the defendant become aware therapy notes even existed?

Joint Oireachtas Committee on Justice, Home Affairs and Migration: General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025: Discussion (30 Sep 2025)

Matt Carthy: Am I correct in saying it is standard that the defendant's team ask for the counselling notes?

Joint Oireachtas Committee on Justice, Home Affairs and Migration: General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025: Discussion (30 Sep 2025)

Matt Carthy: Am I correct in saying that, under the current rule, before we deal with this legislation, a refusal by either the therapist or victim in a case to supply counselling notes would be considered by a court to be prejudicial against the defendant? Is this the reason they are divulged in current circumstances?

Joint Oireachtas Committee on Justice, Home Affairs and Migration: General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025: Discussion (30 Sep 2025)

Matt Carthy: This is under the proposed-----

Joint Oireachtas Committee on Justice, Home Affairs and Migration: General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025: Discussion (30 Sep 2025)

Matt Carthy: Under the current section 19A?

Joint Oireachtas Committee on Justice, Home Affairs and Migration: General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025: Discussion (30 Sep 2025)

Matt Carthy: Does Dr. Leahy have an idea of how often, or in what proportion of instances where the notes are sought, section 19A is involved?

Joint Oireachtas Committee on Justice, Home Affairs and Migration: General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025: Discussion (30 Sep 2025)

Matt Carthy: I apologise for interrupting but I must be as tight on time with myself as I am with everybody else. Under the proposed heads of Bill, the new situation would be that it would automatically go to a disclosure hearing. In those instances, the judge would be provided with the counselling notes.

Joint Oireachtas Committee on Justice, Home Affairs and Migration: General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025: Discussion (30 Sep 2025)

Matt Carthy: I would imagine that, for most victims, it is not necessarily about the court being informed, but about anybody being informed of what was disclosed. For a judge to be determining whether something is admissible, is there anything comparable in Irish law? Can any of the witnesses indicate this?

Joint Oireachtas Committee on Justice, Home Affairs and Migration: General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025: Discussion (30 Sep 2025)

Matt Carthy: If Mr. Hourigan does not mind me interjecting, if my house was burgled and I happened to be traumatised by it, and a defendant was on charge, there are no circumstances whereby anything I said to a therapist would be considered evidence as to whether the house was burgled.

Joint Oireachtas Committee on Justice, Home Affairs and Migration: General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025: Discussion (30 Sep 2025)

Matt Carthy: I see what------

Joint Oireachtas Committee on Justice, Home Affairs and Migration: General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025: Discussion (30 Sep 2025)

Matt Carthy: I have no difficulty with it being turned back on the defendant. I do not buy it, to be honest. From the evidence we are hearing, I see this as a standard mechanism of a defence team to simply be a chilling factor to try to scare off a victim or further add to the trauma of the victim. It is a way of finding a crack in the prosecution's case. I am deeply troubled that it is a standard...

Joint Oireachtas Committee on Justice, Home Affairs and Migration: General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025: Discussion (30 Sep 2025)

Matt Carthy: I thank Senator Kelleher. We have been limited in time but I get a sense the impact has been fairly profound. I propose we publish all the opening statements on the committee's website. Is that agreed? Agreed. On behalf of the committee I thank all the organisations and bodies that came before us. I appreciate it was difficult dealing with such a myriad of different issues but...

Joint Oireachtas Committee on Justice, Home Affairs and Migration: General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025: Discussion (30 Sep 2025)

Matt Carthy: I thank Ms Denning and all our witnesses for their opening statements. A number of members have indicated. I ask them to limit interactions - that is, both questions and answers - to six minutes. We will be as strict as possible and, if time allows, will have a second round. First is Deputy Butterly, followed by Deputy Ward.

Joint Oireachtas Committee on Justice, Home Affairs and Migration: General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025: Discussion (30 Sep 2025)

Matt Carthy: I thank the Deputy. We will try to get him back in for a second round.

Written Answers — Department of Transport, Tourism and Sport: Road Projects (30 Sep 2025)

Matt Carthy: 153. To ask the Minister for Transport, Tourism and Sport if he will outline the earliest estimated completion date of the N2 Ardee to Castleblayney road project. [51820/25]

Written Answers — Department of Transport, Tourism and Sport: Taxi Licences (30 Sep 2025)

Matt Carthy: 283. To ask the Minister for Transport, Tourism and Sport his plans to address the reduction in the past number of years of operating taxis, particularly in rural areas; and if he will make a statement on the matter. [51753/25]

Written Answers — Department of Enterprise, Trade and Employment: Industrial Development (30 Sep 2025)

Matt Carthy: 386. To ask the Minister for Enterprise, Trade and Employment if he or his Department or associated State agencies have facilitated site visits for prospective new owners of a former factory (details supplied); the efforts being made to ensure that a new employer is secured for the premises; and if he will make a statement on the matter. [51755/25]

Written Answers — Department of Enterprise, Trade and Employment: Work Permits (30 Sep 2025)

Matt Carthy: 387. To ask the Minister for Enterprise, Trade and Employment if the review of the critical skills occupations list and ineligible occupations list will take into consideration the availability of housing in addition to the needs of the labour market; and if he will make a statement on the matter. [51760/25]

Written Answers — Department of Enterprise, Trade and Employment: Employment Data (30 Sep 2025)

Matt Carthy: 388. To ask the Minister for Enterprise, Trade and Employment for a breakdown of the sectors of employment that those on Stamp 2 visas are working, including the percentage earning on or below the national minimum wage, in tabular form; and if he will make a statement on the matter. [51761/25]

Written Answers — Department of Education and Skills: School Funding (30 Sep 2025)

Matt Carthy: 516. To ask the Minister for Education and Skills if she will ensure that capitation grants for primary and post-primary schools are increased in recognition of the substantial increase in operating costs; if she proposes to introduce emergency funding to schools in 2025 for this purpose; and if she will make a statement on the matter. [52061/25]

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