Hildegarde Naughton (Galway West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Protecting and supporting victims of sexual violence is a key priority for me and my Department. I am keenly aware of the devastating physical and emotional consequences such crimes have on victims.

The O’Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences arose out of concern about low reporting levels for rape and other sexual assaults and about how victims are treated within the reporting, investigation and trial processes.

The issue of the disclosure of counselling records was addressed as part of the O'Malley review. The review recognises the complex legal challenge of striking an appropriate balance between ensuring an accused person’s right to a fair trial and the victim’s right to personal privacy in respect of counselling records. 

The O'Malley review notes that this issue has been addressed in Ireland by Section 39 of the Criminal Law (Sexual Offences) Act 2017, which inserted a new section, 19A into the Criminal Evidence Act 1992. This new section which entered into force on 30 May 2018,  permits an accused person (or, in certain circumstances, the prosecutor) to make an application to the trial court for the disclosure of counselling records and it sets out the criteria according to which the court should reach a decision on the matter. The O’Malley review recommends that the existence of this legislation be brought to the attention of victims and any persons advising them so that victims are aware of their right to object to the disclosure of counselling records.

Recommendation 5.6 of Supporting a Victim's Journey, which is a detailed roadmap for giving effect to the O'Malley recommendations, states that 'it is important that victims should be aware of their right to object to the disclosure of counselling records and this will be brought to the attention of victims and any persons who are advising them by the DPP (including via NGOs)  An Garda Síochána and the Legal Aid Board. I am assured that the relevant statutory agencies are complying fully with this recommendation.

There are two more relevant actions contained in Supporting a Victims Journey, namely recommendations 5.7 and 5.8. Giving effect to these recommendations will require changes to existing legislation as do a number of other recommendations. A scoping exercise is currently being undertaken by my Department for a new Sexual Offences Bill. The Bill will encompass provisions to implement the O’Malley Report recommendations as well as for additional harassment orders to the 2017 Sexual Offences Act. It will also implement the recommendations of the 2019 Law Reform Commission Report on Knowledge or Belief concerning Consent in Rape Law. 

I envisage that General Scheme of this Bill will be brought to Cabinet by the end of 2021.