>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?
4 commenti
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?