Statement: Senator Bacik calls for Legislation Regulating Disclosure of Counsellors Notes in Criminal Cases

STATEMENT BY SENATOR IVANA BACIK

Labour Seanad Group Leader
Tuesday 19th July, 2011

SENATOR BACIK CALLS FOR LEGISLATION REGULATING DISCLOSURE OF COUNSELLORS NOTES IN CRIMINAL CASES

Speaking today at a meeting of the Joint Oireachtas Committee on Justice, Defence and Equality, Senator Ivana Bacik welcomed the proposal for an EU Directive of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime. Responding to the speech by Minister Kathleen Lynch outlining the details of the proposed Directive, Senator Bacik said:

“I very much welcome the enhanced protections for the rights of victims in criminal proceedings which this proposal would introduce. In Ireland we have seen significantly enhanced recognition of crime victims' rights in recent years, such as the introduction of the victim impact statement procedure. However, further changes may be necessitated once this proposed Directive is adopted. We should also take the opportunity to conduct a general review of further measures that we could adopt to enhance victims' rights.

“In particular, I would support the recent calls made by Geoffrey Shannon for legislation regulating the disclosure of counsellors' notes to defendants during criminal trials. The absence of clarity on this issue at present causes immense distress and concern to victims of crime, particularly sexual abuse offences, as it can mean that notes of counselling sessions which they had thought were confidential may now be subject to disclosure during a criminal trial.”

ENDS