Seanad debates

Thursday, 21 January 2016

Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages

 

10:30 am

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

These are two very good amendments and I strongly support them. The wording of the Fianna Fáil amendment is word-for-word exactly the same as subsection (17)(b) of Senator van Turnhout's amendment and I assume that they shared a common source of some kind, but they are reasonable amendments. It seems that the case has been made that in most circumstances this material should not be subject to disclosure. It could be very damaging to children. It should, in my opinion, be a matter of privilege. As Senator van Turnhout so wisely stated, these kind of items of evidence of counselling, etc., deal with the mindset, dreams, wishes and feelings of the victim. They are not objective facts and they are should not be regarded in a court of law as objective facts. The most important principle here is the matter of trust that a child, who is a vulnerable person, should have in the operation of the law and in the fairness and concern of the judicial system with which he or she is involved.

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