Ireland is taking an important step toward protecting survivors’ privacy in sexual offence trials. As more steps are taken to protect and support vulnerable claimants, complainants and witnesses in criminal and civil trials in many jurisdictions it is useful to consider what reforms are being effected which may in due course be extended across jurisdictions.

Currently, counselling records of claimants and complainants - often deeply personal - can be disclosed to the defence without mandatory judicial oversight. While judges may hold a pre-trial hearing, this is optional, and survivors frequently waive it to avoid delays or pressure. The result is that sensitive records are routinely shared. 

The Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025 proposes a significant change: mandatory pre-trial disclosure hearings whenever counselling records are requested. This reform ensures:

• Judicial scrutiny of relevance and confidentiality
• Reduced pressure on survivors to consent to disclosure
• A more consistent and transparent process

Justice Minister Jim O’Callaghan calls this an “initial step” toward balancing the rights of the accused with the privacy of victims. Advocacy groups welcome the move but argue for stronger protections, including outright bans on disclosure of counselling notes. Founded concerns remain about potential for delays, but the principle is clear: privacy should not be sacrificed for expediency.

Counselling is a safe space for survivors and an intervention which is hugely encouraged and effective for those who have suffered assault and abuse. Mandatory hearings affirm that their vulnerability does not diminish their rights. On the other hand, counselling records can often provide important insight into the allegations made and the psychological impact on the individual. This is particularly important in civil claims, as they can assist in understanding context, credibility, and causation which are key elements in ensuring trials remain fair and evidence based. Counselling records often form an integral part of establishing the pain, suffering, and loss that a claimant has sustained. Mandatory hearings will hopefully strike a balance of protecting dignity and privacy while safeguarding the integrity of justice, and it will be interesting to see how the proposed Bill plays out in practice.