27. Deputy Paula Butterly asked the Minister for Justice, Home Affairs and Migration if he will confirm whether the proposed reforms will create a presumption of non-disclosure of counselling records in rape and sexual offence trials; the legal test that will apply before any such records can be disclosed; and if he will make a statement on the matter. [49374/26]

66. Deputy Grace Boland asked the Minister for Justice, Home Affairs and Migration the current status of legislative provisions to restrict the disclosure of counselling notes in rape and sexual offence trials; the expected timeline for enactment and commencement; and if he will make a statement on the matter. [49371/26]

I propose to take Questions Nos. 27 and 66 together.

The Government recognises the deep distress that can be caused to victims and survivors by the disclosure of counselling records in criminal proceedings and is committed to minimising intrusion into their privacy to the greatest extent possible, while ensuring compliance with constitutional requirements, including the right to a fair trial and the presumption of innocence.

The Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026 contains significant reforms to strengthen protections for counselling records. The Bill is currently at committee stage in the Seanad and is continuing through the legislative process. It is hoped the Bill will be enacted before the summer recess begins. Subject to the completion of that process, it is my intention that the relevant provisions will be commenced as soon as practicable following enactment.

The Bill provides for the deletion of the waiver provision currently contained in section 19A of the Criminal Evidence Act 1992, as amended by the Criminal Law (Sexual Offences) Act 2017, thereby ensuring that no disclosure will take place without a disclosure hearing. The Government has also approved further amendments to introduce a statutory presumption of non-disclosure and to strengthen protections for other sensitive personal records.

Under the proposed framework, counselling records will not be disclosed unless a court, following a disclosure hearing, is satisfied that disclosure is necessary in the interests of justice or to avoid an unfair trial. The court will be required to balance the privacy and dignity rights of the complainant against the accused person’s constitutional right to a fair trial. Disclosure will therefore be the exception rather than the rule, and will only arise where a judge determines that the statutory threshold has been met and that disclosure is strictly necessary.