How are the government justifying this in this day and age?

9 comments

1. It’s actually scandalous. It’s such a violation of a person who’s already been through something horrific 

2. >How are the government justifying this

   According to [this ](https://www.irishtimes.com/politics/2026/01/22/unconstitutional-to-have-complete-ban-on-use-of-counselling-notes-in-criminal-trials-minister-tells-dail/)article in the Irish Times:

   >A complete ban on the use of counselling notes in criminal trials would be unconstitutional but under new legislation their non-disclosure would be the “default position”, according to the Minister for Justice.

   >Jim O’Callaghan acknowledged calls for an outright ban on the use of counselling records in trials. This was “well-intentioned”, he said. “And I fully sympathise with victims and survivors who have deeply-felt views in this matter.”

   >However, he said the Attorney General’s Office had advised a blanket ban on the disclosure of counselling records “is not compatible with the Constitution. I cannot seek to introduce legislation that ignores this fundamental reality.”

3. AG has advised the gov that a ban would be unconstitutional, Irish governments have a consistent habit of just point the finger saying ‘well the AG said we can’t do X so I guess we just won’t even bother’.

4. Is it not possible that therapy notes would contain information relevant to a trial?

5. Therapy notes should be admissible in some form though. At the end of the day the court is supposed to determine the truth, with whatever reasonably acquired information available to it.

   However, maybe it should be up to a judge which parts are not unnecessarily prejudicial. Basically to allow clear indications that the person is lying, while not allowing the construction of unfairly general arguments against their character

6. It would seem the most likely outcome of this would be victims of serious assaults and attacks forgoing counselling and not seeking mental health services.

   I wonder would this also mean priests could be called as witnesses based on what’s heard in confession? Or does our wonderfully secular state only compel everyone else?

7. It absolutely sucks but, under the Irish constitution, everyone is innocent until proven guilty and everyone has a right to a fair trial… otherwise, we could risk the guilty getting off on a technicality.

   The only way I can think of justice being achieved here would be to further penalize the convicted wrong doer by adding x number of years to their sentence IF THEY ACCESS THE VICTIMS NOTES as continued psychological harm…

   That way, maybe not all victims will experience this

8. I remember my counsellor bringing this up to me, they said because of it, they write very little basic things on the notes and we can ask for them to be destroyed anytime – they were completely against handing over counselling notes and I completely back them.

9. Genuinely Anti-Victim.

   We often say when people get lenient sentences that the state is anti victim, and that may be true, but this is clear cut, anti victim behaviour.