Timeline of DRCC actions on counselling notes reform

24 June 2026

DRCC Submission to Minister for Justice re Counselling Notes - Final - For Circulation

Introduction

Dublin Rape Crisis Centre has long called for reform of how the counselling notes of victims and survivors of sexual violence are being used in criminal trials. This includes in recent years:

In June 2022, Action 3.3.8 in the First Implementation Plan on the Third National Strategy on Domestic, Sexual & Gender-Based Violence set out to examine and review the rationale for the disclosure of counselling notes as part of court proceedings including a victim/survivor perspective. The Department of Health were to commence a review of this issue in Q3 2022 with a view to bringing forward recommendations, including for legislative change if needed, and DRCC met with some of the team tasked with driving this action.
In August 2022, DRCC highlighted the use of counselling notes in our Shadow Report to GREVIO on Ireland’s performance under the Istanbul Convention (and again in our joint Shadow Report to GREVIO in 2025) and in our Submission on Gender Equality to the Joint Oireachtas Committee on Justice.
At DRCC’s annual report launch in June 2024, we turned a spotlight on the impact on survivors of this practice and then Justice Minster Helen McEntee pledged to ensure their usage would no longer be admissible in rape and sexual assault cases.
The second Implementation Plan of the Third National Strategy, covering 2024, provided for the establishment of a working group under the auspices of the Department of Health to review the rationale for the disclosure of counselling notes in court proceedings. This group included DRCC and met a number of times. The third Implementation Plan of the Third National Strategy , covering 2025 and 2026, provided for the development of a policy proposal to limit disclosure of counselling notes informed by legal advice and stakeholder consultation.

The most recent work is given in the timeline below with links to relevant documents.

May 2025	A General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025 was introduced by Minister for Justice Jim O Callaghan. Head 19 of the document proposed to delete the waiver, which would in turn require mandatory disclosure hearings where an accused person seeks access to a victim’s counselling notes. Dublin Rape Crisis Centre and One in Four gave a cautious welcome to this announcement, flagging a number of concerns. As part of a submission with 7 sister Rape Crisis Centres ahead of the examination of Ireland’s eighth periodic report under the UN Convention on the Elimination of all forms of Discrimination against Women (CEDAW), DRCC called on the state to ensure the drafting of the Criminal and Civil Law (Miscellaneous Provisions) Bill 2025 included meaningful consultation with victim/survivors and frontline services, leading to an outcome that protects survivors’ privacy, dignity, and access to justice
June 2025	Dublin Rape Crisis Centre made a submission to the Joint Oireachtas Committee on Justice, Home Affairs and Migration on the General Scheme, arguing that the current system undermines victim/survivors' privacy, dignity and access to justice, with many delaying counselling or waiving their rights without adequate advice or choosing not to pursue justice because of fears that their therapeutic records will be disclosed. We supported the creation of a statutory presumption against disclosure, with access permitted only in exceptional circumstances where a judge determines there is a real risk of an unfair trial. We emphasised that any reform must be victim/survivor-centred, properly resourced and accompanied by safeguards such as independent legal representation, written judicial decisions, data collection and oversight and protections extending beyond counselling notes to all personal records. DRCC also advocated consideration of a *disclosure by narrative* approach, whereby the defence would receive only a summary of relevant information rather than the actual counselling records themselves.
November 2025	Dublin Rape Crisis Centre and a number of RCCs, One in Four, Women’s Aid and the National Women’s Council wrote to the Minister for justice called for wider consideration of options to reform the law beyond the deletion of ss17 particularly regarding the probative value of such notes and addressing the concerns of survivors. The Joint Oireachtas Committee on Justice, Home Affairs and Migration recommended in its pre-legislative scrutiny of the heads of bill recommended that “Head 19 sets out a complete and unconditional ban on the use of counselling records in sexual offence trials”.
January 2026	The Civil Law and Criminal Law (Misc Provisions) Bill was published, setting out a limited proposed amendment to section 19A, Criminal Evidence Act 1992 which governs the disclosure of counselling notes in SO trials. It did not differ greatly from what was proposed in the General Scheme, except to remove the complainants’ option to release their counselling notes without a court hearing (usually known as the waiver). In all cases where counselling records exist, the prosecution would have to notify the accused about this (per subsection (2)) and the accused would be entitled to make a disclosure application to court on the basis of the statutory threshold (set out at subsection (3)) that ‘the record is likely to be relevant* to an issue at trial.’ Once this low threshold has been met, a disclosure hearing would be legally required. The complainant would no longer have the option to waive their right to non-disclosure and avoid a hearing. It is likely there will be a steep increase in section 19A disclosure hearings and, inevitably, a deluge of appeals and legal challenges. The Bill did not reflect the Justice Committee recommendations in its pre-legislative scrutiny or the concerns of civil society and survivors who engaged with the PLS process. DRCC issued a statement flagging concerns on 22 January and drew up a list of observations on the bill, including: A repeat of our call to amend section 19A to provide for a clear and express presumption against disclosure of counselling notes which could only be rebutted where there is a real risk of an unfair trial* in the absence of disclosure. A provision that it should be necessary for the defence to identify a compelling basis for disclosure – that the records are likely to be of real forensic value to the accused’s defence – before disclosure of counselling notes is ever sought from the complainant. Retention of the waiver provision at subsection (17) and, vitally, Extension of free legal advice to complainants in respect of any requests to access their counselling notes and any potential waiver they may wish to give once fully informed of their rights.
February 2026	Minister O’Callaghan stated his commitment to introduce a “presumption of non-disclosure" in respect of counselling notes, with Cabinet approval to bring amendments to the Bill to provide for a presumption of non-disclosure, saying that it would only be in exceptional cases that notes would be disclosed where a judge deemed it in the interests of justice. He referred also to the records only being released after a disclosure hearing if they contain ‘evidence relevant to legal proceedings.’ The Minister also indicated an intention to expand the category of documents which would be covered by the law.
April 2026	Dublin Rape Crisis Centre submitted a detailed set of proposals including draft legislation providing for an innovative disclosure by narrative mechanism. Under this proposal, at most a concise narrative only would be shared with the defence. Such a narrative is not evidence and cannot be shared with the jury. Legal advice to Dublin Rape Crisis Centre was that this regime would extend the strongest protection possible to survivors of sexual violence within the limits of our constitution. Legal advice to Dublin Rape Crisis Centre was that this regime would extend the strongest protection possible to survivors of sexual violence within the limits of our constitution, as our legal advices were that a full ban would not be constitutionally possible.
May 2026	Dublin Rape Crisis Centre wrote to the Minister on 7 May to share the extent of civil society support for its proposal. The Minister responded on 15 May to decline DRCC’s proposal. Ahead of the Committee stage, the government set out further amendments to s.19A. Dublin Rape Crisis Centre wrote to the Minister on 18 May to advise: “It is with the greatest regret and disappointment that we must share our firm belief that the latest approach being progressed simply will not constitute a strengthening of protections for survivors of sexual violence in respect of counselling notes.” and also: “Continuing our commitment to be a constructive partner in enhancing the rights and protections of survivors of sexual violence, we wish to present a set of amendments which could be made to your proposals which would at least constitute an improvement in the protections from the current position (and from your currently proposed position).” On 19 May, Dep Alan Kelly (Labour) submitted our original proposal in formal amendments for Committee Stage. These were not accepted. The Minister’s amendments passed and he made it clear he would not adopt DRCC’s proposal, but agreed to look at the ‘interests of justice’ angle. The Bill as amended after Select Committee stage was now called the Criminal Law, Civil Law and Defence (MP) Bill 2026.
June 2026	Report and Final stages (4^th and 5^th stages) took place in the Dail chamber on 10 June. A white list of proposed stage amendments is available. The Minister did not introduce any amendments in respect of s.19A. His draft as passed at committee stage stands. Given that our original proposal had been rejected, Dublin Rape Crisis Centre drew up set of amendments to the Minister’s draft, aimed at improving it as far as possible to secure protections for victim/survivors engaging with the criminal justice system and their private counselling records. Key points were: Counselling notes should only be disclosed where there is a real risk of an unfair trial in the absence of disclosure. The government’s proposals take into consideration matters ‘in the interest of justice’ which DRCC fears may open the door to many more applications to access notes. It is critical to include express language in the legislation providing for a clear ‘presumption of non-disclosure’. Unless specified, there is no guarantee this will apply. Anyone applying to access records must be required to engage with the facts of the specific case and give cogent reasons why the records are relevant to the trial. Again, unless this is required it is very likely that defence teams will make this a routine request. There must be an explicit provision in the law of the right of victim/survivors to consent to disclosure – the current proposal removes the waiver and thereby reduces the agency of victims and survivors in the process. There should be provision for a mandatory jury warning to explain the limitations of using counselling records as evidence, making plain the distinction between a record of someone’s counselling session written by a therapist and a sworn & signed statement made to a Garda. A range of other suggestions to strengthen the government’s proposed legislation, including earlier legal aid for victim and survivors, time limits on disclosure applications and – crucially - an early review period for the new law to ensure it can be amended if it is not functioning in the way intended. Dep Alan Kelly (Labour) submitted an amendment which would replace the Minister’s amendment for one that incorporated DRCC’s suggestions. Dep Paula Butterly (FG) also submitted the exact wording of DRCC’s proposal. DRCC had sent the Minister our counter-amendments and explanatory note in advance of final stage debate. At the debate, the Minister rejected all amendments on this matter and the Bill passed the Dáil stage after a vote. You can read here the updated version of the bill as passed by Dail Eireann is available ahead of Seanad stage on 24 June.