Minister for Justice Jim O'Callaghan has signalled that he intends to take legislative action to further restrict the disclosure of counselling records from complainants during sexual assault trials.
At Cabinet, the minister secured Government approval to draft legislation to require that a disclosure hearing takes place in all such cases, and remove the provision that allows for this step to be waived.
He said the existing law has not worked as intended, in which a court decides at a pre-trial disclosure hearing if counselling notes are materially relevant and should be released to the defence.
In a statement, the minister said: "Complainants have expressed how they have felt compelled to waive the disclosure hearing because they don’t want to risk a successful prosecution or delay a trial, therefore their records are routinely being released."
Indicating further legislation will be forthcoming, he said: "I am continuing to look at how we might further limit release of these records as I recognise that disclosure hearings can be extremely difficult for complainants."
"I am fully aware of the distress and re-victimisation that disclosure of counselling records can have on complainants in sexual assault trials."
The proposed legislation includes "measures to criminalise the exploitative practice of seeking sex in lieu of rent" by introducing two new offences: offering accommodation in exchange of sex and the advertising of accommodation for the same motivation.
He said it is the "offer or advertisement that is being criminalised", adding that "there is no requirement to prove that sexual activity occurred".
The proposed penalty for these offences is a fine of up to €5,000.
Gardaí will also be able to require a protestor to remove a face covering if they suspect it is being worn to conceal their identity or intimidate others under the legislation.
The Criminal Justice (Public Order) Act is to be amended to permit gardaí to require a person to remove a face covering, where an officer reasonably suspects that it is being worn in order to facilitate the commission of, or hinder the investigation, of an offence.
The provision would provide gardaí with an express power to remove or seize the face-covering, without a warrant, if any person refuses to abide by an instruction.
The stated aim of the law is to serve as a deterrent against disorderly conduct and intimidation in public places.
