Jim O'Callaghan

Disclosure hearings in such cases will become mandatory under provisions included in the wide-ranging Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025, set to be published.

However, the justice, home affairs and migration minister has said he is considering whether to bring forward further restrictions in the near future.

Jim O’Callaghan said: “The bill amends the law on the disclosure of counselling records in sexual offence trials by requiring that a disclosure hearing takes place in all cases, to ensure adequate judicial oversight so the privacy rights of victims and survivors are always considered.

“While this is a necessary initial step in reforming the law in this area, I also believe that further amendments may be merited.

“My department is currently consulting with relevant stakeholders on the development of concrete proposals to ensure the optimal balance between the rights of complainants and defendants is achieved.

“It is important that I balance those two rights, the rights of the victims and survivors, yet at the same time, I have a constitutional obligation to ensure that people who are before the criminal justice process as, accused, get a fair trial.”

The bill will also ban “sex for rent” arrangements and will oblige the courts to consider community service in lieu of prison sentences of up to 24 months.

Other notable provisions include enabling the use of more advanced DNA analysis in missing persons cases and enabling bail bonds and suspended sentence bonds to be taken by gardaí and prison officers respectively.

The government says this will better facilitate video link participation in court hearings by those in custody, thereby reducing the need for gardaí and prison officers to escort people to and from court hearings at the expense of their core duties.

In relation to civil law, the bill gives permanent effect to legal provisions on regulated outdoor seating for licensed premises.

The bill also includes measures to allow the Chief Justice to delegate certain non-judicial functions to other members of the judiciary.

Other significant additions are expected at later stages in the legislative process.

Mr O’Callaghan said: “Drafting of several provisions from the approved general scheme is continuing in the Office of the Parliamentary Counsel, including provisions for remote hearings and electronic document transmission in criminal proceedings, and a new Garda power to require the removal of face coverings in certain circumstances.

“I intend to introduce these provisions by way of committee stage amendments to the bill.”