Ivana Bacik (Independent) | Oireachtas source

I compliment Senator van Turnhout for her eloquent and passionate discussion of this amendment on Committee Stage at which the Minister engaged with us and which we all appreciated.

Several of us are working on the broader level of the disclosure of counselling records of adult complainants in sexual offence trials and not just complainants in respect of child sexual abuse. As Senator van Turnhout said, there is a real concern that there are an increasing number of requests for disclosure made by defence teams. Having worked in criminal defence at the Bar for some years, I noted there can be an increased tendency among defence counsels to undermine the evidence of complainants by way of a fishing exercise in seeking disclosure of their therapy sessions. I accept it can be relevant in some cases but there is a concern that this is having a detrimental effect on complainants and their families.

The Minister has stated it is important the Attorney General would review the issues involved. Clearly, there has to be regard for the due-process rights of the accused. It is to be welcomed that the Law Reform Commission will undertake a review of this area of the law. The Minister is correct that all of these issues should be codified in one Bill dealing with sex offences. I have said before that it is unfortunate that so many of our provisions on sex offences are contained in many piecemeal Bills. In principle, it would be much better if a provision on the disclosure of therapy and counselling notes in sex offence trials would also be contained in one Bill.

Senator van Turnhout’s point about delays is an important one. It would be welcome if the Minister would review some limited form of amendment in the other House dealing with the specific issue of particular rules on the admissibility of evidence where the complainant is still under 18. We have very specific provisions and protections around the provision of evidence by child witnesses. For example, I have visited the excellent facilities for child witnesses in the new Criminal Courts of Justice building, a significant improvement to those in the Four Courts building. If we were to make a special provision for the more restricted rule on disclosure of evidence in cases where the complainant is under 18, it would more likely withstand constitutional scrutiny than if it were a more general provision. If we were to examine international conventions and case law, we would find more support for this special rule.

If the Minister cannot accept this amendment, will he consider a more refined version dealing with child complainants and the disclosure of counselling records to be taken in the Dáil? This might be a way of dealing with the particular concerns so eloquently expressed by Senator van Turnhout and those expressed to me by counsellors and those working in the Rape Crisis Centre.