Dáil Éireann Debate, Tuesday - 10 February 2026
785. Deputy Aisling Dempsey asked the Minister for Justice, Home Affairs and Migration if he will consider seeking a constitutional change to ensure that counselling notes will be inadmissible in all court cases; and if he will make a statement on the matter. [9281/26]
View answerI acknowledge the concern expressed by many victims, victims’ groups and members of the Oireachtas regarding the use of counselling records in sexual offence trials. It is important to be guided by the constitution and legal advice in this area.
I have recently secured Government approval to introduce further amendments to the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026 that will significantly restrict the use of counselling notes in legal proceedings. Among the measures approved is a presumption of non-disclosure of counselling records, meaning the default position is that counselling records will not be disclosed in evidence unless a judge, at a disclosure hearing, determines that they contain material relevant to the interests of justice. I also secured Government approval for amendments to ensure that the same protection regime is applied to other victims’ records containing sensitive personal data, such as medical records, child protection records and other such documents.
The Attorney General has advised that a complete ban on the disclosure of counselling records in court would be incompatible with the Constitution, in particular the constitutional guarantee of a fair trial and the presumption of innocence, and would likely give rise to legal challenges that could jeopardise convictions.
On this basis, the Government is pursuing legislative reform that affords the highest practicable level of protection for counselling records in sexual offences trials and is committed to ensuring that any use of personal and sensitive records in legal proceedings is subject to robust judicial scrutiny, consistent with the rights of all parties under the constitution.
