Averil Power (Fianna Fail) | Oireachtas source

I strongly support Senator van Turnhout's amendment and thank her for putting so much research into best practice elsewhere in Europe and other jurisdictions. It is essential that we have a fair balance and, as the Senator pointed out, of course there must be the right to a fair trial. However, in doing so we must ensure that we do not necessarily re-victimise people by making the process more stressful and upsetting than it already is.

I was also horrified to hear from the Dublin Rape Crisis Centre that this is causing major problems for people. It did not seem to be as much of an issue in the past, but it seems defence teams are increasingly seeking this information. It is important that the issue has been raised. I am strongly supportive of the points Senators van Turnhout and Bacik have made. I am not sure whether a protocol or legislative amendment would be the best approach. We need to find a fair way to strike the right balance between the right of the accused to see necessary information and an unfair trawl of a victim's entire counselling background.

We need to ensure we do not deter victims from seeking counselling and that we do not damage the therapeutic relationship they have with their counsellor to the extent that they feel they cannot have full disclosure and are concerned that they cannot fully trust the person sitting across the table. It is such an important and sensitive relationship that we need to ensure we have adequate protections for victims. I again thank Senator van Turnhout for tabling her amendment.