Moves to change the law on the use of counselling notes in criminal trials will place the needs of victims at the centre of the justice system, according to Fine Gael TD Paula Butterly.
Deputy Butterly, who is vice chair of the Oireachtas Committee on Justice, said the Government’s decision to amend the Criminal and Civil Law (Miscellaneous Provisions) Bill 2026 is a positive step that should give greater reassurance to victims of crime who are considering taking a case to court.
She said the proposed measure will grant statutory privilege to victims’ counselling notes in criminal cases. The amendments will also introduce a presumption of non disclosure of counselling notes in all cases, meaning such notes will be protected from examination where they have no bearing on the proceedings.
Deputy Butterly said the change will be particularly significant in cases involving sexual or gender based violence, where the fear of personal counselling notes being examined in open court has prevented people from coming forward to report crimes.
She added that constitutional considerations must always be central to the drafting of legislation and said the Irish Constitution recognises the importance of women’s voices, which she said is reflected in the decision to amend the legislation.
Deputy Butterly said women have made it clear in recent months that their counselling notes should not be used against them in court, and she welcomed the fact that this position is now reflected in Cabinet approval of the amendments.
She said the changes should send a clear message to victims that the legal system respects their dignity and takes account of the lasting impact and sensitivities of trauma. She added that she will continue to engage with the Minister for Justice to ensure future legislation is drafted with a strong victim centred approach.
