Proposed changes to using counselling notes in rape and sexual violence trials welcomed by Sligo councillor

By Philip Rooney, The Sligo Champion

The announcement by Minister for Justice, Jim O’Callaghan TD, that he intends to bring forward amendments at committee stage of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025 to strengthen protections around the use of counselling notes in rape and sexual violence trials has been welcomed by Cllr Marie Casserly.

The North Sligo councillor previously brought a motion before Sligo County Council calling for the end of such practices.

The proposed amendments, which include a presumption of non-disclosure of counselling notes and an expansion of protections to cover other sensitive personal data such as medical and child protection records, represent a significant step forward in safeguarding the dignity, privacy and wellbeing of survivors.

Last year Cllr Casserly brought a motion calling for an end to the use of counselling and therapy notes in rape and sexual violence trials, highlighting the deeply retraumatising impact their disclosure can have on survivors and the chilling effect it can create on people seeking vital therapeutic support.

“I strongly welcome this announcement from the Minister,” said Cllr Casserly. “For some time now, survivors, advocates and support organisations have been calling for meaningful reform in how counselling notes are treated in our courts. The presumption of non-disclosure marks a major shift in recognising that these deeply personal records belong first and foremost to survivors, not to the legal process.

“While my original motion called for a full prohibition on the use of counselling notes, these proposed amendments clearly move in the same direction. They put survivor rights, privacy and recovery at the centre of the justice system, while also acknowledging the need for a fair and balanced legal framework.”

Cllr Casserly also welcomed the expansion of protections to include other categories of personal data, stating that this shows a growing understanding of the wider harms caused by unnecessary intrusion into survivors’ private lives.

“This is about building a justice system that does not further traumatise people who have already experienced serious harm. Survivors should never have to choose between seeking counselling and protecting their right to privacy in court. Today’s announcement is a strong signal that change is finally happening.”

Cllr Casserly paid tribute to the work of survivor-led organisations and advocacy groups, including DVAS and Rape Crisis Ireland, whose campaigning and evidence-based briefings have been central to progressing these reforms.

“I will continue to support any measures that strengthen survivor-centred justice and ensure that our legal system reflects compassion, respect and fairness for all,” she concluded.

Article Funded by the Local Democracy Reporting Scheme.