Counselling records only admissible in court where risk of unfair trial exists

Cabinet approves legislation limiting use of counselling notes in trials, alongside historical justice measures and new bail provisions

The Government's legislation stops short of an outright ban called for by sexual violence survivors. Picture: iStock

The use of counselling notes in trials will only be permitted where there is a risk of an unfair trial, according to plans approved by Cabinet.

Justice minister Jim O’Callaghan brought legislation to Cabinet, which will ensure records are only released where a judge decides after a disclosure hearing that they contain evidence relevant to legal proceedings.

The Government's legislation stops short of an outright ban called for by sexual violence survivors. Mr O'Callaghan said that the Attorney General has advised that a blanket ban on the disclosure of counselling records is "not compatible with the Constitution, arising from any accused person’s right to a fair trial and the presumption of innocence".

Mr O'Callaghan also received government approval for a disregard of certain historical convictions relating to consensual same-sex activity, as committed to in the programme for government.

This will operate as an application-based scheme and extend to the grandniece and grandnephew for those who are now deceased.

“The Victorian-era laws that criminalised consensual sexual activity between men are now rightly recognised as a historical injustice," Mr O'Callaghan said.

Additional offences

Mr O'Callaghan said that there will be changes to the Bail Act, which include the addition of two further offences. 

They will allow courts to refuse bail to a person charged with intimidating a person or the family of a person who is assisting a criminal investigation, or who is acting as a witness or juror in criminal proceedings.

It will also apply to those who fail to comply with notification requirements under the Sex Offenders Act or refuse or fail to enable fingerprints, palm prints, or photographs to be taken by An Garda Síochána in such cases.

The changes to the law will be made as amendments to the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026, currently at committee stage in the Dáil.