Counselling notes should not be disclosed in sexual violence trials
Counselling notes should not be disclosed in sexual violence trials - The Labour Party
- Sweeping legislation and rushed nature of debate undermining
Labour justice spokesperson Alan Kelly TD said no survivor should risk their counselling notes being disclosed during a trial.
Speaking in advance of a Dáil debate on the Criminal Law, Civil Law and Defence Bill, Deputy Kelly said guillotining debate on the Bill tonight would be a shameful attempt to obfuscate its dereliction of duty to survivors.
Deputy Kelly said:
“The disclosure of counselling notes in sexual violence trials is a gross breach of trust between a survivor and the supports they need.
“Survivors must be able to trust that their private conversations with a professional will not be later disclosed in court, except in the most exceptional of circumstances.
“Counselling notes are created for therapy, not evidence. They are intended to support healing for the survivor, a record for the practitioner, not a list to use for prosecuting a case.
“The ‘interests of justice’ standard is acceptable for other applicable records but should not apply to counselling notes.
“The Labour Party has put forward an amendment to the Criminal Law, Civil Law and Defence Bill due to be debated today, yet Government look set to guillotine the debate. This is no way to legislate.
“Canada is currently amending its laws on disclosure of records in sexual offence trials in an effort to strengthen protections for survivors. Crucially, Canada proposes to separate out the treatment of therapeutic records from other private records to ensure the application of a higher test before therapeutic records can be disclosed.
“Ireland should and must do the same. We must support survivors. Government must act to ensure that Labour Party amendments are accepted to stop the use of counselling notes in sexual violence trials.
“Labour Party is putting forward amendments to this Bill with the support of Dublin Rape Crisis Centre to ensure it is responsive to the issues survivors are facing.
“More broadly I have huge concerns about the scope of the bill. It is attempting do too much and cover too much ground rather than dealing with issues in a specific and detailed manner. Its rushed nature means many aspects of this bill are not getting the detailed reading required. This is no way to do business.”