>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.”
Worried_Angle_9436 on
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’.
JustASimpleNPC on
Is it not possible that therapy notes would contain information relevant to a trial?
JackhusChanhus on
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
NocturneFogg on
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?
[deleted] on
[deleted]
SirMike_MT on
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.
5555555555558653 on
Genuinely Anti-Victim.
dropthecoin on
Does anyone have a decent and objective source about this matter?
Perfect-Fondant3373 on
If they can use therapy notes it means they can fill the prisons with people who need help instead of sending the dealers and car thief gangs. Wait that’s not a good thing
micosoft on
I’d start with the fact that you are basing your thesis on what the notoriously incompetent Ruth Coppinger says, somebody who couldn’t pass a fox hunting ban because the motion had clearly been written on the back of a fag packet. Once you have established the source you then ask yourself if there might in fact be a reason that is not possible and you will indeed discover that Ruths incomprehension of the constitution is complete and her unconstitutional amendment will go nowhere. Because constitution.
ails_bales on
The health professionals have been preparing for years. They just write the least detailed notes imaginable so nothing can be abused in court.
m0p0 on
The government of Fianna fail & Fine gael is very sozzy but it likes re-victimising victims & will continue allowing that because they don’t want to help victims in any way. They do like helping perpetrators get off from their crimes though & will take the advice of their AG to continue helping perpetrators.
SpiritBackground8722 on
Another comment thread to point to when people say this sub is full of ‘woke lefties’…
15 Comments
It’s actually scandalous. It’s such a violation of a person who’s already been through something horrific
>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.”
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’.
Is it not possible that therapy notes would contain information relevant to a trial?
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
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?
[deleted]
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.
Genuinely Anti-Victim.
Does anyone have a decent and objective source about this matter?
If they can use therapy notes it means they can fill the prisons with people who need help instead of sending the dealers and car thief gangs. Wait that’s not a good thing
I’d start with the fact that you are basing your thesis on what the notoriously incompetent Ruth Coppinger says, somebody who couldn’t pass a fox hunting ban because the motion had clearly been written on the back of a fag packet. Once you have established the source you then ask yourself if there might in fact be a reason that is not possible and you will indeed discover that Ruths incomprehension of the constitution is complete and her unconstitutional amendment will go nowhere. Because constitution.
The health professionals have been preparing for years. They just write the least detailed notes imaginable so nothing can be abused in court.
The government of Fianna fail & Fine gael is very sozzy but it likes re-victimising victims & will continue allowing that because they don’t want to help victims in any way. They do like helping perpetrators get off from their crimes though & will take the advice of their AG to continue helping perpetrators.
Another comment thread to point to when people say this sub is full of ‘woke lefties’…