Noeline Blackwell

This doesn't happen, David, in the case of the robbery of a car or even a physical assault a lot of the time.

This is particular to sexual offences.

It is because

The victim in these cases traditionally was not trusted by the legal system, so their health notes are handed over.

The DPP would never look to see them if they weren't afraid that the defence would try to tear holes in the case by looking at them.

The DPP never needs them to strengthen the case and unless...

the defence had looked for them, they would never use them to bolster a case.

That's the Garda job.

That's the legal job.

And that's why the Minister for Justice is proposing a change so that we will switch the balance.

Ideally, you would not have counselling, you would not have health records brought into court at all for all the reasons Barbara outlined.

But now it is proposed to reduce that so that there must be a court order before the defence can actually see them.

And that will at least reduce the capacity of the defendant to intimidate the client or to intimidate the victim.

Because what actually happens is the victim will often say, I don't need them knowing about the rest of my life.

When you go into a health situation, you're not only talking about what's currently bothering you, you're talking about your health history.

The same is true for therapy.

So it is a real problem and it's used to weaponise court cases, to weaponise the victim, as well as to be used for genuine cases of abuse.

ensuring that there's a fair trial.

So that's why it's going to be reduced.

It should only be the relevant portions, but once a therapist or a client hands them over, once the victim hands them over to the prosecution, be that to the guard or more often actually to the DPP, but either way, once the therapist hands them over, they are then in the hands of the DPP or the guard, and the guard and the DPP will make it quite clear