Statement re provisions on counselling notes in Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026

Dublin Rape Crisis Centre believes that counselling notes should be covered by the creation of a new statutory privilege and that this must be introduced at Committee Stage of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026.

Chief Executive of Dublin Rape Crisis Centre Rachel Morrogh said:

"We view it as a missed opportunity that our proposal on this was not reflected in the initial draft of the Bill, but we are relieved that the Minister for Justice Jim O’Callaghan TD is open to significant changes to the Bill at the next stage. Dublin Rape Crisis Centre will work with TDs and Senators to put forward a strong and robust amendment that puts the protection of survivors’ counselling notes at the heart of this legislation.

"On foot of careful research and from listening to victims and survivors, we urged the Minister to legislate for counselling notes to be recognised as legally privileged documents. This changes the situation from a presumption that notes can be used in trials to a presumption that they will not. Our legal advice is that this can be done within constitutional bounds, essentially creating a new category of statutory privilege. It is therefore positive to hear that the Minister intends to amend the draft legislation to provide for such restrictions and we will be examining this in great detail to ensure it goes to the limits of what is legally possible.

"Last May, the Supreme Court made abundantly clear that real reform of section 19A was necessary if Ireland was to respect the fundamental rights of victims whose counselling records enjoy a high level of constitutional protection. In A.M. v D.P.P., the Supreme Court sounded the alarm for all actors in the justice system that the law may operate to deter victims of sexual violence from seeking timely counselling, or conversely, may deter victims from making or pursuing a criminal complaint.  We also have concerns that it would add delays to an already unconscionably long justice process. We know from our services that this can deter people from reporting sexual violence at all.

"There is a real opportunity here to create a victim-centred and fair law in this area that will make Ireland a better place for all – something the Government itself promotes in its zero-tolerance policy for sexual violence. It is essential that at Committee Stage this ambition is brought a step closer to reality and that the new law makes our legal system a place where victims and survivors can truly seek the justice they deserve without fear of retraumatisation."

/ENDS