Minister Jim O’Callaghan secures government approval to progress the General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025

Bill includes measures to:

• introduce two specific criminal offences around ‘sex for rent’
• amend legislation on disclosure of counselling records in sexual assault trials
• permit members of An Garda Siochana to order removal of face coverings at protests

The Minister for Justice Jim O’Callaghan today secured government approval for the drafting of legislation which responds to a range of pressing challenges for the criminal justice system.

The proposed legislation includes measures to criminalise the exploitative practice of seeking sex in lieu of rent and to ensure that counselling records are only released where the Court decides that they contain material relevant to legal proceedings.

The Bill will also provide An Garda Síochána with the power to require a person to remove a face covering where they reasonably expect that it is being worn in order to intimidate or conceal a person’s identity when intending to commit a crime. This will serve as a deterrent against disorderly conduct and intimidation at protests and in other public places. It will provide Gardaí with an express power of enforcement and ensure a more consistent approach in handling such situations.

The General Scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025 will now be referred to the Justice Committee for pre-legislative scrutiny and, when its report is received, work on finalising the Bill will be prioritised.

Minister 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 in this area was substantially reformed in 2017 by introducing a new process whereby the court would decide at a pre-trial disclosure hearing if counselling notes are materially relevant and should be released to the defence. This has not operated as intended.

“I am therefore proposing to amend the existing legislation by requiring that a disclosure hearing takes place in all cases and removing the provision that allows for this step to be waived.

“Complainants have expressed how they have felt compelled to waive the disclosure hearing because they don’t want to risk a successful prosecution or delay a trial, therefore their records are routinely being released.

“This amendment will ensure that the original intention of the legislation will apply. However, I am continuing to look at how we might further limit release of these records as I recognise that disclosure hearings can be extremely difficult for complainants.”

Separately, it is proposed to introduce two specific criminal offences around ‘sex for rent’ – offering accommodation in exchange for sex and the advertising of accommodation in exchange for sex.

The provisions encompass both rental agreements between landlords and tenants, and ‘rent-a-room’ situations. 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 Class A fine of up to €5,000.

Minister O’Callaghan added:

“Any attempt by accommodation providers to exploit their position and prey on vulnerable individuals through these arrangements is completely unacceptable.

“It is an appalling abuse of power by unscrupulous individuals, and it will not be tolerated under any circumstances.

“This is a complex issue to legislate for but care has been taken to ensure that the offences are clear, precise and limited in scope. I am satisfied the provisions are workable and constitutionally sound, and do not create any unintended consequences such as inadvertently criminalising consensual relationships.”

Another measure in the proposed legislation that will strengthen laws in the Domestic, Sexual and Gender Based Violence area concerns new Bail restrictions on those accused of coercive control or imposing forced marriage. Under the Bill, the two offences would be added to the schedule of the Bail Act 1997. This means that, under the new terms of an amended Bail Act, a court could refuse an application for bail made by a person charged with coercive control or forced marriage if it considers it necessary to prevent that person committing a serious offence.

Commenting on the proposed powers by Members of An Garda Siochana to order the removal of face coverings Minister O’Callaghan added:

“This measure will serve as a deterrent against disorderly conduct, threats and intimidation in public places, enhancing public safety and reinforcing law enforcement. It will provide Gardaí with an express power of enforcement and ensure a more consistent approach in handling such situations.

“While people have the right to protest and that right must be respected, it is subject to the rights of others in our community. Balancing the right to protest with protecting the safety of others is a complex task for members of An Garda Síochána.

“It has become apparent that some protesters are covering their faces in an obvious effort to alarm and intimidate individuals in various scenarios or to avoid detection when committing a criminal offence.

“The proposed Bill is critical to dealing with a number of significant challenges for the criminal justice system, all of which are reflected in specific Programme for Government commitments,” concluded Minister O’Callaghan.

The General Scheme can be read in full here: https://assets.gov.ie/static/documents/General_Scheme_of_Criminal_Law_and_Civil_Law_Miscellaneous_Provisions_Bill_2025.pdf

Counselling notes

The law on disclosure of counselling records in sexual offence cases involves a complex and highly sensitive balancing of individuals' rights. On the one hand, there is the right to personal privacy and, on the other, the right to a fair trial. Section 19A of the Criminal Evidence Act 1992 was designed to strike a balance between these two competing rights.

Section 19A provides a mechanism whereby the accused can apply to the court for the disclosure of a complainant’s counselling records in proceedings for a sexual offence. The judge will examine the counselling records and hold a disclosure hearing (at which the complainant is entitled to appear and be legally represented) to decide if there is relevant information to be disclosed to the defence. In a very small number of cases, there may be evidence of relevance to the case.

However, subsection (17) provides that the examination and disclosure hearing shall not take place if the complainant waives their right to non-disclosure and agrees to release the records.

There is evidence that section 19A has not operated as intended and that complainants are not benefitting from its intended protections, because complainants feel under pressure to waive their right to non-disclosure of their counselling notes. They are fearful that if they do not agree to furnish the records, the prospect of a successful prosecution may be put in jeopardy.

The solution proposed is to delete subsection (17), meaning that a judicial examination of the counselling records and subsequent disclosure hearing will automatically take place wherever such records are sought by the accused. This will allow the full protections of section 19A to apply in the balanced and equitable manner originally intended.

Face Coverings

Part 9 of the Bill amends the Criminal Justice (Public Order) Act 1994 to permit members of An Garda Síochána to require a person to remove a face covering where a member reasonably suspects that it is being worn to intimidate others or to conceal the person's identity in order to facilitate the commission of, or hinder the investigation, or prosecution of, an offence.