A complainant’s counselling notes will be disclosed in sexual assault trials only if the court decides they are relevant, under plans for changes to the law approved by the Cabinet.
While the proposals mean there would be automatic disclosure hearings to decide on the use of the notes, they stop short of ending access to them, something that had been sought by campaigners due to the distress caused by their use in trials.
It comes as Ministers gave the green light to draft the wide-ranging proposed legislation which will also criminalise landlords who seek sex for rent and give gardaí powers to order people to remove face masks or coverings at protests.
These measures, and others, are contained in the general scheme – or outline – of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025.
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On the counselling notes measure, Minister for Justice Jim O’Callaghan said: “I am fully aware of the distress and re-victimisation that disclosure of counselling records can have on complainants in sexual assault trials.”
The law currently provides for pretrial disclosure hearings for courts to decide if counselling notes are relevant, but Mr O’Callaghan said “This has not operated as intended.”
He is proposing to amend the existing legislation by requiring that an automatic disclosure hearing takes place in all cases and removing the provision that allows for this step to be waived.
Separately, the proposed Bill would introduce two specific criminal offences relating to “sex for rent” – the offering of accommodation in exchange for sex; and the advertising of accommodation in exchange for sex.
It is the offer or advertisement that is being criminalised – there is no requirement to prove that sexual activity occurred.
The proposed penalty for these offences is a fine of up to €5,000.
Gardaí are to be given the power to order the removal of face coverings if they suspect its use is intimidatory or intended to make it easier to commit a crime and avoid detection.
Under the proposals if the request is refused the individual will be committing a criminal offence and can be arrested and prosecuted.
Mr O’Callaghan said: “This measure will serve as a deterrent against disorderly conduct, threats and intimidation in public places, enhancing public safety and reinforcing law enforcement.”
Other issues to be addressed in the proposed Bill include: allowing prison officers to use incapacitant sprays when appropriate; enabling the use of more advanced DNA analysis techniques to solve missing persons cases; providing for remote hearings and electronic documents in criminal proceedings; and encouraging use of community service orders, doubling the number of hours’ service that may be ordered.
The Bill would also provide permanent legal regulations for outdoor seating for licensed premises.
The laws allowing seating outside pubs and restaurants were brought in during the Covid-19 pandemic and are currently extended every six months.
On Tuesday the Cabinet signed off on another extension until the end of November.
Separately, sport is to be used to raise awareness of Ireland and build international partnerships under plans brought to Cabinet on Tuesday.
Ireland‘s first international sports diplomacy framework has been developed by the departments of foreign affairs and sport.
The framework, to be launched on Wednesday, is aimed at fostering opportunities for international partnerships, cultural exchange and diaspora engagement as well as to advance foreign policy priorities and promote Ireland.
Tánaiste Simon Harris will say sport is a “key part of the Irish DNA” and the framework will “will make sports diplomacy a valuable communications tool for how we engage internationally”.
According to Mr Harris: “We need to use every opportunity to raise awareness of Ireland and sport can be a big part of that.”
Minister for Sport Patrick O’Donovan will set out how Ireland will host the Ryder Cup golf tournament in 2027 and co-host the Euro 2028 football championships and how “these events provide a wide realm of opportunities for Ireland across business, trade, tourism, sport and diplomacy”.
