We use Google Analytics to see which pages are read and how the site is used, so we know what to improve. This only runs if you accept. See our privacy notice for details.

Dáil
‹ Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation

Counselling notes in sex offence trials

Summary

Holly Cairns condemned the use of counselling notes in sexual offence trials and said victims need a full ban. The Taoiseach said the new legislation is a significant change but cannot impose a blanket ban because of constitutional limits.

The use of counselling notes in trials for sexual offences is outrageous and grotesque. This morning, the Cabinet approved new legislation on this but it sounds a lot like the status quo - a court deciding if counselling notes should be released. This is a gross invasion of privacy. It stops victims coming forward and slows or prevents their recovery because victims are afraid to seek help. They feel they have no safe space where they can deal with their pain and trauma because their inner thoughts and feelings can be weaponised against them by their abuser in a courtroom. Why are we tolerating this instead of outright banning it? The law is supposed to be about balancing competing rights. Can the Taoiseach explain to victims why their rights are always pushed to the bottom? The cornerstone of therapy is confidentiality. In 2026, there is no excuse for this complete disregard of the crucial role of therapy in recovery. The Government can introduce an outright ban. Why has it not done it?

Comment on this

It is unfair of the Deputy to use the language that she has used in identifying the Government's response. The Minister, Jim O'Callaghan, has seized on this issue and the legislation is anything but the status quo. The Minister is going as far as he possibly can within constitutional limits. A complete ban or a blanket ban on the disclosure of counselling records is simply unconstitutional. That is the very strong advice from the Attorney General, and indeed other legal advice has confirmed that. The Minister is going as far as he possibly can. From now on, if counselling records are sought by the defence, a judge will scrutinise the material and make an impartial and objective decision on whether disclosure is necessary in the interest of justice.

Comment on this

People still want a ban.

Comment on this

It is a significant change and there are other elements of that legislation also that represent significant change from the status quo. At least that should be acknowledged. There are constitutional constraints.

Comment on this