Rachel Morrogh

Dublin Rape Crisis Centre (DRCC) has called on the government to introduce a new statutory privilege which would provide for a presumption against the disclosure of such “private and confidential records”.

Legal advice sought by the charity in October 2024 concluded that an outright ban on the use of counselling records in trials would be incompatible with Article 38.1 of the Constitution.

Rachel Morrogh, chief executive of DRCC, said this was “bitterly disappointing” but was followed by further advice which “outlined the potential for the creation of a new statutory privilege”.

The Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025 already proposes a minor amendment to the law on the disclosure of counselling records in sexual offence trials by requiring that a pre-trial disclosure hearing takes place in all cases.

Ministers will tomorrow consider further reforms to be added to the bill at committee stage, which are reported to be similar to those championed by DRCC and other women’s organisations.

In a statement last week, Ms Morrogh said: “In Ireland today, sexual violence is at epidemic levels and the negative impacts of the criminal justice system on victims have been acknowledged by the Supreme Court.

“It is thus of manifest importance to society as a whole to reduce these traumatising and harmful impacts and to protect therapeutic healing supports from unnecessary and disruptive intrusions.

“Victims and survivors of sexual violence must have access to both healing and justice.

“We contend that introducing a statutory presumption against disclosure of counselling notes is the most protective and constitutionally viable way to bring about a real shift in the status quo and to extend a level of reassurance to victims and survivors that they can avail of vital counselling services without foregoing their right to seek justice.

“We have urged the minister for justice to revisit the approach currently set out in [the bill] and to introduce the urgently needed presumption against disclosure of counselling notes.”