Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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298. To ask the Tánaiste and Minister for Justice and Equality if section 19A regarding the disclosure of third party records in certain trials also applies to child victims under the Criminal Law (Sexual Offences) Act 2017. [49008/18]

Charles Flanagan (Laois, Fine Gael)
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As the Deputy will be aware, the Criminal Law (Sexual Offences) Act 2017 was enacted on 22 February 2017. The Act enhances and updates laws to combat the sexual exploitation and sexual abuse of children, including new offences relating to child sexual grooming and new and strengthened offences to tackle child pornography. The Act also criminalises the purchase of sexual services, introduces new provisions regarding the giving of evidence by victims in sexual offence trials and introduces a new offence addressing public indecency. Other provisions include maintaining the age of consent to sexual activity at 17 years of age and for a new “proximity of age” defence as well as a statutory statement of the law as regards consent to sexual acts.

Part 6 of the Act amends the Criminal Evidence Act 1992, including new provisions around the disclosure of third party counselling notes and other amendments related to the cross-examination of witnesses. These provisions were commenced in May 2018.

Section 39 of the 2017 Act inserts a new section 19A into the Criminal Evidence Act 1992. The new section 19A requires an application to be made to the court prior to the disclosure of third-party counselling records in sexual offence proceedings. In considering whether to release any records, the court must consider the interests of justice alongside the privacy of the complainant and the likelihood of harm in releasing the record. The court must also have regard to the public interest in encouraging the reporting of sexual offences and the public interest in encouraging complainants of sexual offences to seek counselling. The section does not apply where a complainant or witness has expressly waived his or her right to non-disclosure of a counselling record without leave of the court.

Section 19A does not distinguish adult from child complainants.

The Government is acutely aware that complainants in sexual violence cases should be treated sensitively in criminal proceedings, most especially when they are children. The legislative provisions in place are designed to ensure that complainants are supported and facilitated in a way that protects them from any additional harm.