As the Oireachtas prepares to sign off on landmark reforms governing the use of counselling records in criminal proceedings, survivors and mental health professionals say the legislation still falls short.

Here, Paula Doyle, a survivor and advocate, and Lisa Molloy, chief executive of the Irish Association for Counselling and Psychotherapy, argue that no person who has experienced sexual violence should ever have to choose between accessing therapy and seeking justice…

AS IRELAND MOVES closer to reforming how counselling records are treated in criminal proceedings, there is an opportunity to address a longstanding injustice that has forced many survivors of sexual violence into an impossible position: protect their privacy and access support or pursue justice through the courts.

While we welcome the positive amendments within the Criminal Law and Civil Law (Miscellaneous Provisions) Bill, specifically the removal of the Section 19A(17) waiver, tighter judicial gatekeeping, and mandatory legal aid for survivors facing disclosure applications, relying on judicial discretion does not go far enough.

A cruel and backwards practice

Standing with advocates, professional bodies and mental health professionals, we continue to call for a total ban on the use of counselling in court cases.

We have joined together to push for real reforms as no survivor should have to choose between healing and justice. For years, survivors pursuing justice have faced the possibility that their private counselling records could be sought by defence teams and scrutinised in court. These records often contain deeply personal reflections, fragmented memories, emotional responses and explorations of trauma. They are not created as evidential documents. They are created to support recovery.

The possibility that these notes may later........

© TheJournal