Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026: Report and Final Stages
Seanad Éireann — 2026-07-02
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Maria McCormack (SF), Labour Panel

I move amendment No. 26:
In page 23, to delete lines 18 to 35, and to delete pages 24 to 27 and in page 28 to delete lines 1 to 3 and substitute the following:
“Amendment of section 19A of Criminal Evidence Act 1992
22. The Criminal Evidence Act 1992 is amended by the deletion of section 19A and the substitution of the following:
“19A. (1) In this section—
“competent person” means a person with relevant training, study or experience in counselling;
“counselling” means the provision of support, advice, therapy or treatment to a person;
“counselling record” means any record made by a competent person in connection with counselling provided to a complainant in a sexual offence case;
“court” means the Circuit Criminal Court or the Central Criminal Court;
“sexual offence” has the same meaning as in the Schedule to the Sex Offenders Act 2001.
(2) In proceedings for a sexual offence, counselling records shall be treated as hearsay, and any statement within them as an out-of-court statement tendered for its truth, regardless of form or expression.
(3) Notwithstanding any rule of law, counselling or therapeutic records relating to a complainant shall not be sought, inspected, disclosed, produced, or admitted in evidence in such proceedings.
(4) Subsection (3) applies to all records created in the course of counselling, psychotherapy, psychological support, mental health treatment, or related services.
(5) No application may be made to a court for the production, inspection, disclosure or admission of records to which subsection (3) applies, and any such application shall be void.
(6) No person shall request or seek such records, whether from a record holder, a complainant or otherwise, and no record holder shall comply with any such request or purported order.
(7) A court shall not order, direct or invite the production or disclosure of such records.
(8) Nothing in this section prevents a complainant from voluntarily disclosing their own records, provided such disclosure is not solicited by any party.”.

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Retrieved: 2026-08-14T04:55:09+00:00
Sitting date: 2026-07-02