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    Wie rechtfertigt die Regierung dies heutzutage?


    Die irische Regierung stimmt dafür, dass weiterhin Beratungsnotizen vor Gericht verwendet werden dürfen, und durchläuft die 2. Phase.

    https://i.redd.it/ette8gz2x5gg1.jpeg

    Von Judge_Chris

    View 14 Comments

    14 Kommentare

    1. Plant-novice on

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

    2. firethetorpedoes1 on

      >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. 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’.

    4. JustASimpleNPC on

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

    5. 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

    6. 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?

    7. Ok-Communication3663 on

      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…

    8. 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.

    11. 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

    12. 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.

    13. 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.

    14. 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.

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