RCI warns key protections for survivors still missing
21st May 2026: Rape Crisis Ireland is calling on Minister for Justice, Jim O’Callaghan, to address two outstanding matters before the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2026 completes its passage through the Oireachtas, following Tuesday’s Committee Stage hearing.
Dr Clíona Saidléar, Executive Director of Rape Crisis Ireland (RCI), said: “Survivors and their advocates have fought hard to be heard in this process, and that commitment is reflected in the progress we have seen. But we are not yet at the finish line. Two straightforward provisions – a mandatory judicial warning and transparency measures – would make a profound difference to survivors, and we are calling on the Minister to include them before this Bill is enacted.”
RCI commends the survivors and committee members who advocated so tirelessly for the strongest possible protections for survivors’ privacy and right to access support at yesterday’s hearing. “The amendments introduced by the Minister represent the most significant reform to Section 19A since its introduction in 2017,” said Dr Saidléar. “These amendments cannot deliver a perfect solution, as was roundly acknowledged by the majority of those at committee yesterday. They do not and cannot fully address the impact that the threat of disclosure has on the therapeutic relationship, nor the deterrent effect it continues to have on survivors considering whether to seek help or to report. But RCI believes the Minister is on the right track.”
Following a committee meeting that reflected the deep and consistent commitment of all parties to righting this wrong within our justice system, the Minister has accepted matters for consideration as the Bill progresses. Dr Saidléar said: “In particular, we are pleased by the Minister’s indication that he is prepared to reconsider the inclusion of the new and second ground at s.19A(11)(b)(ii), that disclosure may be ordered where it is otherwise in the ‘interests of justice’ to so order. We have consistently argued that this ground is undermining of the high standard promised, and already proposed, as it is capable of expanding through judicial interpretation to undermine the protective intent of the legislation. We urge the Minister to remove this potentially damaging provision from the Bill.”
It is RCI’s position that two matters, in particular, remain outstanding, as advocated by many of the deputies and senators at the Committee, and RCI is calling on the Minister to address them before the Bill concludes its passage through the Oireachtas.
The first is the absence of a mandatory judicial warning to the jury where disclosed records containing the analysis or opinion of the record-maker are used in evidence at trial. Counselling records and analogous records are third-party interpretations of conversations. They are not formal statements of fact. Where they are used in cross-examination, hearsay material is presented to the jury as though it were direct evidence against the complainant’s own account, without any guidance on its limitations or the appropriate weight to be given to it.
“A mandatory warning is a straightforward provision that would address this harm at trial without disturbing any other element of the legislative framework. It was proposed by RCI in our submission of 26 February 2026 and has not been addressed in the amendments as drafted,” said Dr Saidléar.
The second is transparency. “Researchers, statutory advocates, civil society organisations working in the sexual violence sector, together with bone fide journalists, should have access to hearings and transcripts with appropriate anonymisation,” says Dr Saidléar. “Without this, the operation of the reformed legislation, including the manner in which the courts approach the threshold test under s.19A(5) and the disclosure standard under s.19A(11), cannot be scrutinised or held to account. That accountability serves the interests of survivors, of the courts, and of the system as a whole. We ask that this provision be brought forward before the Bill is enacted in order to fully realise its potential.”
