Should counselling notes be disclosed as evidence in sexual offence trials?
Amendments in the Justice Committee aimed at strengthening protections were voted down today. I’m personally affected by this issue and consented to my notes being disclosed in evidence, but I genuinely struggle with the logic of counselling notes being treated as potential evidence.
To me there’s a clear distinction between my formal statements given to guards and tusla and my private therapeutic conversations. My therapist is not a witness, the notes are not evidence of crime, just evidence of a mandatory disclosure, which I think is the only relevant note required.
The Government argument seems to be that a full ban would be unconstitutional because of fair trial rights, but there seems to be significant disagreement on that point too. It worries me that the people and groups making the noise about it are people that have gone through the system and this is a change they want when out the other side reflecting on it.
Curious about what people know about it, or opinions on the constitutionality of a full ban.