Minister Jim O’Callaghan secures Government approval to introduce amendments to the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026
- Published on: 4 February 2026
- Last updated on: 4 February 2026
Amendments will provide for:
- Presumption of non-disclosure in respect of counselling notes in sexual offence trials
- Disregard of certain historical convictions relating to consensual sexual activity (‘Disregard Scheme’)
- The refusal of Bail to prevent witness intimidation and failing to comply with requirements under the Sex Offenders Act 2001
The Minister for Justice, Home Affairs and Migration, Jim O’Callaghan TD, today secured Government approval to introduce amendments to the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026.
The Amendments concern the restriction of the use of counselling notes in sexual offences trials; the establishment of a legislative scheme for the disregard of certain historical convictions relating to consensual same-sex activity; and the introduction of new offences where bail can be refused.
Minister Jim O’Callaghan intends to amend the law to introduce a presumption of non-disclosure in respect of counselling notes. He will include a measure in the Bill to require that a disclosure hearing takes place in all cases, removing the provision that allows for this vital judicial oversight to be waived. This means counselling records are only released where the Judge decides that they contain evidence relevant to legal proceedings.
The Attorney General’s Office has previously advised that a complete ban on the disclosure of counselling records would be unconstitutional. The Constitution guarantees a fair trial to the accused. A ban would raise constitutional issues and likely lead to legal challenges, with convictions potentially being quashed as a result.
Minister O’Callaghan said:
“The amendments I have secured Cabinet approval for will introduce a presumption of non-disclosure in respect of counselling notes. This means the default position will be that counselling notes are not to be disclosed, save for the very small number of cases where disclosure is ordered by a judge and warranted in the interest of justice.
“This creates a form of statutory privilege whereby counselling notes are not disclosable unless there is a risk of an unfair trial.”
Minister O’Callaghan also secured Government approval for amendments to ensure that the same protection regime is applied to other victims’ records containing sensitive personal data, such as medical records, child protection records and other such documents.
Overall, these reforms will ensure that the disclosure of sensitive personal material will only occur where this is absolutely necessary, while any such disclosure will be subject to impartial and objective judicial scrutiny.
“The Attorney General has advised that a blanket ban on the disclosure of counselling records is not compatible with the Constitution, arising from any accused person’s right to a fair trial and the presumption of innocence.
“The Bill amends the current statutory framework to ensure that judicial oversight governs the disclosure of any counselling records, in order to ensure adequate judicial oversight.
“These further amendments will restrict the disclosure of counselling records as far as possible and will provide increased protections and greater reassurance to complainants in relation to the use of personal records in sexual offences trials.”
The Minister also secured Government approval for amendments to the Bill to enable the disregard of certain historical convictions relating to consensual same-sex activity, as committed to in the Programme for Government. This will operate as an application-based scheme and the proposals approved today set out the qualifying offences, the criteria for a disregard and the procedures for making, considering and determining applications.
This follows the report of a multi-stakeholder working group which was established to examine and make recommendations on an application-based disregard scheme. The group met eleven times, with follow up and wider outreach activities occurring between each meeting, before producing its final report in 2023.
Minister O’Callaghan added:
“The Victorian-era laws that criminalised consensual sexual activity between men are now rightly recognised as a historical injustice. I am extremely pleased that the Government has agreed to my proposals for a statutory disregard scheme which seeks to acknowledge this injustice and to address meaningfully some of the harm caused to affected gay men, as well as their families and friends, during the period of criminalisation.”
Further amendments to the Bill, as approved by Government today, include the addition of two further offences to the Schedule to the Bail Act, thereby providing a basis for the courts to refuse bail to a person charged with one of these offences where the court considers it necessary to prevent the person from committing a serious offence.
The offences to be added to the Schedule are:
- intimidating a person or family of a person who is assisting a criminal investigation or who is acting as a witness or juror in criminal proceedings;
- failing to comply with notification requirements under the Sex Offenders Act 2001, or refusing or failing to enable fingerprints, palm prints or photographs to be taken by An Garda Síochána in connection with such notification requirements.
The Bill as published in January already adds the offences of coercive control and forced marriage to the Schedule to the Bail Act.
Minister O’Callaghan said:
“While our bail laws are comprehensive, these amendments will help ensure that they remain fit for purpose and will enhance the criminal justice system’s ability to effectively mitigate against the risks that might be posed by those on bail.”
The amendments will now be drafted and added to the Bill as Committee Stage amendments in the Dáil.
ENDS...///
