Victim’s counselling notes ‘not a weapon to be used against them’ says Louth TD

By Olivia Ryan, The Drogheda Independent

Proposed changes to the law governing the use of counselling notes in criminal trials have been welcomed by Louth TD Paula Butterly, who said the amendments rightly prioritise the needs and dignity of victims.

Deputy Butterly, Vice-Chair of the Oireachtas Committee on Justice, was commenting after the Government confirmed its intention to amend the Criminal and Civil Law (Miscellaneous Provisions) Bill 2026.

She said the move was “positive and should give greater assurances to any victims of crime who are taking a case to court”.

The changes, which are aimed at protecting victim’s right to privacy came after months of public protests.

Under the proposed changes, counselling notes would be given statutory privilege in criminal proceedings. The amendments would also introduce a presumption of non-disclosure, meaning counselling records would remain protected unless they were deemed to have a clear and specific relevance to a case.

“This measure will give the counselling notes of victims statutory privilege in criminal cases,” Deputy Butterly said. “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.”

She said the changes would be particularly significant in cases involving sexual or gender-based violence, where concerns about the potential disclosure of private counselling records have acted as a barrier to reporting crimes.

“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,” she said.

Deputy Butterly also pointed to constitutional considerations, saying the amendments reflect the importance placed on women’s voices within Irish law.

“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 this decision to amend the legislation,” she said.

She added that, in recent months, women have been clear that counselling notes should not be used against them during criminal proceedings.

“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.”

Deputy Butterly said the proposed changes should reassure victims that the justice system recognises the impact of trauma and treats victims with respect.