Mullingar survivor’s campaign raised in Seanad debate on counselling records

A Mullingar survivor’s campaign for greater protections for victims of sexual violence was brought to the centre of a major Seanad debate last week, as Senator Frances Black called for an outright ban on the disclosure of counselling records in sexual offence trials.

Speaking during Committee Stage of the Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026, Senator Black tabled an amendment seeking full legal protection for counselling records, arguing they should never be disclosed in court unless a complainant freely chooses to do so.

In making her case, the Independent Senator praised Mullingar woman Hazel Behan for her long-standing advocacy on behalf of survivors through her campaign group, Éist – Saying No To Silence.

Senator Black told the Seanad that Ms Behan had spoken “with extraordinary courage” on the issue, recalling comments she made outside Leinster House last September.

Quoting the Westmeath survivor, Senator Black said: “What happens in a therapy room with me and my therapist is none of your business, and it’s certainly none of the business of the person who I believe harmed me.”

The Ssenator also referenced Ms Behan’s evidence to the Oireachtas Justice Committee, where she described the use of counselling notes in court as “horrendously traumatising”, arguing that it allows survivors’ most private experiences to be used to challenge their credibility during criminal trials.

Senator Black said the current legal framework, introduced in 2017, had failed to adequately protect complainants. Citing academic research and evidence from frontline organisations, she argued that survivors are sometimes discouraged from seeking counselling or reporting offences because they fear confidential therapy records could later be disclosed in court.

She also highlighted concerns raised by therapists and the Dublin Rape Crisis Centre that some victims are forced to choose between accessing mental health support and pursuing justice.

While the Government has proposed measures creating a presumption against the disclosure of counselling records, Senator Black argued these reforms do not go far enough. She maintained that only a complete prohibition would provide survivors with the confidence to seek therapy and engage with the justice system without fear that their confidential counselling sessions could later be scrutinised in court.

The amendment forms part of continuing debate on the wide-ranging legislation, which remains before the Seanad.