Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026: Second Stage Seanad Éireann — 2026-06-18 ============================================================ Patricia Stephenson (SD), Labour Panel I find this Bill an incredibly frustrating and cruel way to deal with legislation given the really good initiatives we have, such as the provision of redress for gay men by disregarding their historic convictions under the archaic laws that criminalised homosexuality in Ireland, which I wholeheartedly endorse. We have the ban on sex for rent, which I also wholeheartedly endorse, alongside some incredibly problematic measures such as the one on counselling notes, which is going to be the focus of my speaking time today. When a victim comes forward to report a sexual assault or rape, it can be one of the most difficult times in their life. What lies ahead is physical examination, where appropriate, making statements to gardaí, an investigation and, if it is possible, a trial. We already know that so many victims and survivors do not come forward and the fact that people choose not to do so, in itself, represents a total failure of the justice system. When a victim who has been through horrific sexual violence takes the courageous step to access counselling, that should always be done in complete confidence. Counselling notes are an issue of dignity, privacy and whether survivors can access support without fear of their most personal conversations later being scrutinised in a courtroom. Counselling is an essential part of recovery. It is where survivors begin processing their trauma and trying to rebuild their life, and where they try to regain the control over their lives that was taken from them through the sexual violence. Under this new legislation, those confidential records can be subject to disclosure applications and can be used to challenge a survivor's credibility. In February, the Minister promised to introduce a presumption of non-disclosure in respect of counselling notes but his proposals today do not provide that. There is no express presumption of non-disclosure because the provisions leave room for the courts to interpret them as not amounting to a statutory privilege. That is a major issue. I urge the Minister to reconsider and to provide an unambiguous statutory presumption of non-disclosure. Dublin Rape Crisis Centre, DRCC, has identified serious concerns about the threshold for disclosure. Under the Bill, counselling notes can be disclosed not only if there is a risk regarding a fair trial but also on the nebulous ground of "otherwise in the interests of justice". I urge the Minister to reconsider this. DRCC has warned its retention in respect of counselling notes will facilitate continued routine applications for disclosure in sexual assault cases, even though we were promised that would not be the case. It is an horrific practice and we cannot allow it to continue. The Irish Council for Psychotherapy has stated unequivocally that therapy notes are not evidentiary records; they are created with a confidential therapeutic relationship based on trust and safety. When that confidentiality is breached, trust in the entire process is undermined. Counselling notes created to facilitate healing are being weaponised routinely against victims. The decision not to take on board any of the recommendations from survivor groups and advocacy groups during the Dáil Stages of the Bill was incredibly disappointing for many survivors. Another key gap is mandatory jury warning. Currently, counselling notes and applicable records can be used in trial, even though they contain basically opinions, summaries and interpretations by therapists. They are not intended as factual records of events and the jury must be made aware of their serious limitations as evidence. Therapy notes do not have a judicial purpose. Treating them as if they do fundamentally misunderstands their purpose. Counselling notes are not witness statements. Evidence from front-line organisations tells us this needs to stop. The National Women's Council of Ireland has consistently highlighted how the disclosure of counselling notes acts as a barrier to reporting sexual violence and accessing support services. DRCC has described the practice as one of the most retraumatising aspects of the criminal justice process. Survivors repeatedly report feeling forced to choose between counselling and seeking justice. The provisions outlined will not see any improvements in that. We cannot be okay with this practice being continued. Confidential therapeutic notes are often sought not because they are evidence of a crime but because they undermine the credibility of a survivor. It has broader consequences. If survivors fear seeking counselling could jeopardise a future prosecution, some will choose not to get counselling. If it is a question of seeking justice or overcoming traumatising events in life, they will not seek counselling. No survivor should be asked to sacrifice their mental health to preserve access to justice. It is time to end this harmful practice, to protect the confidentiality of counselling and to ensure survivors of sexual violence can pursue both recovery and justice without being forced to choose between them. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-06-18/debate/main Retrieved: 2026-08-14T04:55:05+00:00 Sitting date: 2026-06-18