Ivana Bacik (Independent) | Oireachtas source

I wish to express support for the concerns raised by Senator van Turnhout.

In this amendment she has put very eloquently the case for making provision as regards admissibility of records of counselling where witnesses are under the age of 18. The Minister will be aware that this is an issue of immense concern, not just concerning child witnesses but also concerning adult witnesses in rape and sexual offences trials. I know the Senator has done a great deal of work on the protection of child witnesses in this regard. She and I have also worked with the Dublin Rape Crisis Centre and others concerning admissibility of counselling records for witnesses generally in sex offence trials - that is adult as well as child witnesses.

The Senator is right in saying that clear guidance needs to be given. The current state of uncertainty is clearly of real concern to child witnesses and complainants in sexual offence trials generally and their friends, families and supporters. This is a matter with which we need to deal. The rape crisis centre has been working on a protocol with the Office of the Director of Public Prosecutions concerning disclosure. It is a matter of increasing applicability in sex offence trials as defence teams increasingly seek disclosure of these records. It can be very traumatic for the witnesses and complainants involved, particularly, as Senator van Turnhout said, when these are children.