Louth TD welcomes changes to law on the use of counselling notes in criminal trials

Fine Gael TD for Louth Paula Butterly has welcomed changes to the use of counselling notes in criminal trials. 

The planned changes will give the counselling notes of victims statutory privilege in criminal cases. The reforms would legally protect victims' counselling records from being used during criminal trials, except in rare circumstances.

Deputy Butterly, who is Vice-Chair of the Oireachtas Committee on Justice, said the government’s intention to amend the Criminal and Civil Law (Miscellaneous Provisions) Bill 2026 is positive and should give greater assurances to any victims of crime who are taking a case to court.

"In addition to this, the amendments will also put in place a presumption of non-disclosure of counselling notes for all cases. This means that counselling notes will be protected from scrutiny in cases where they would pose no impact on the case."

“This amendment will have a very particular impact in cases of sexual or gender-based violence in particular, as the fear of private counselling notes being dissected in a full courtroom has and does prevent people from coming forward to report a crime.

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“Constitutionality should be a principal concern in all drafting of legislation and the Irish constitution recognises the importance of women’s voices, which we see reflected in today’s decision to amend this legislation.

“Over the past number of months, women have made it clear that their counselling notes are not a weapon to be used against them in a courtroom.  I have worked hard to support them, and I am pleased to see this position reflected in Cabinet’s approval to amend the legislation today.

“These changes should demonstrate to any victims of crime that our legal system is respectful of their dignity and maintains a consideration for the effects and sensitivities of trauma,” she said.

Deputy Butterly added that she will continue to engage with the Minister for Justice to ensure a victim-centred lens is used when drafting future legislation.