Cian O'Callaghan (Dublin Bay North, Social Democrats)
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1134. To ask the Tánaiste and Minister for Justice and Equality if he will honour former Justice Minister Helen McEntee’s plans for a ban on the use of private counselling notes being used as evidence in cases of sexual violence; and if he will make a statement on the matter. [11546/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Protecting and supporting victims of sexual violence is a priority for me and my Department and I am dedicated to building on the progress already made to ensure meaningful results.

The disclosure of counselling records is a complex and highly sensitive balancing of individuals' rights. On the one hand, there is the victim’s right to personal privacy and on the other, the accused person’s right to a fair trial, as it is very important that the court knows about anything that could affect the outcome of the criminal trial.

However, because of the risk of re-traumatisation of victims of sexual offences specifically, the law was substantially reformed in 2017 by the insertion of a new section 19A into the Criminal Evidence Act 1992. Section 19A created a new process by which a victim can consent or object to the disclosure of their counselling notes.

In instances where the victim objects to disclosure, the trial judge will decide whether the records should be released. In doing so the judge must take into account the right of the victim to privacy and the risk of re-traumatisation, while ensuring the constitutional right of an accused person to a fair trial, including access to any material of evidentiary value, is upheld.

Regrettably, this provision has not operated in practice as intended. Given the importance of the issue of the disclosure of counselling notes to victims and survivors, the Third National Strategy on Domestic, Sexual and Gender-based Violence committed to examining and reviewing the issues again, including a victim/survivor perspective.

I have asked my officials to examine steps, including adjustments to legislation, that could be taken to ensure victims are made aware of their right to object to the disclosure of counselling records and receive appropriate advice in this respect. Any changes to the law must be very carefully considered to avoid the risk of a constitutional challenge on the right to a fair trial. I am aware of concerns expressed by victims and our NGO stakeholders and have asked my officials to finalise this work and present proposals quickly.