Court Procedures
Dail Éireann — 2026-05-14
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Jim O'Callaghan (FF), Dublin Bay South

I thank the Deputy very much for her question. I am committed to trying to ensure that the situation that operates at present, where counselling notes are routinely provided to the legal team of an accused, comes to an end. I brought forward proposals to the version of the miscellaneous provisions Bill on Second Stage and I am going to come forward with even further amendments in terms of that legislation. I have listened to what people in this House and some of the important stakeholders have said, and I am going to introduce a statutory form of non-disclosure for counselling notes.
The Deputy’s question asks that I should ban them completely.
In listening to people, be they in this House or stakeholders, I also have to listen to the Attorney General and the advice I have received. The unambiguous advice I have received from the Attorney General and the advice that important stakeholders in this area have received is that a total ban on counselling notes would be unconstitutional. It would be very detrimental to the interests of survivors of sexual abuse if I was to introduce legislation that got me some plaudits here but was struck down by the courts within a year as being unconstitutional, so I will not do that. However, the proposals I am bringing forward will create a statutory form of privilege that will ensure that the only time information or documentation evidencing a counselling note is provided is if that note evidences something that is in the interests of justice and without it, there would be an unfair trial. I cannot categorise a group of evidence and say we can never look at that, which is what a total ban would effectively do. That would be unconstitutional. What I am introducing is that there will have to be a hearing and a judge will have to look at it. The only time that information will be disclosed is if a judge, having looked at it, says that is relevant to the guilt or innocence of the accused.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-05-14/debate/main
Retrieved: 2026-08-14T04:54:56+00:00
Sitting date: 2026-05-14