Dáil Éireann debate -
Wednesday, 7 Feb 2001

Vol. 530 No. 1

Written Answers. - Administration of Law.

Ruairí Quinn

Question:

78 Mr. Quinn asked the Minister for Justice, Equality and Law Reform if he has satisfied himself that sufficient legislative provisions are in place to uphold the Constitutional principle set out in Article 34.1 that the law shall be administered in public, having regard to the decision of a judge (details supplied); and if he will make a statement on the matter. [3190/01]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

Article 34.1 of the Constitution states:

Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law shall be administered in public.

The law recognises the special circumstances surrounding criminal proceedings in the case of certain types of offences and has created statutory exceptions to the administration of justice in public in accordance with the above constitutional provision. In the case of sexual offences, the main relevant statutory provisions are as follows.

Section 6 of the Criminal Law (Rape) Act, 1981, as substituted by section 11 of the Criminal Law (Rape) (Amendment) Act, 1990, in the case of a rape offence, and section 2 of the Criminal Law (Incest Proceedings) Act, 1995, in the case of an offence under the 1908 Punishment of Incest Act, provide for the exclusion from the court of all persons except officers of the court, persons directly concerned in the proceedings, bona fide representatives of the press and other persons at the discretion of the judge or the court. The provisions also provide that, in the proceedings concerned, the verdict and the sentence, (if any) shall be announced in public. In the case of an application to introduce evidence or cross-examine a complainant in a sexual assault offence case about his or her previous sexual history, all persons are excluded from the court except officers of the court and persons concerned in the proceedings.

Section 7 of the Criminal Law (Rape) Act, 1981, as amended by section 17 of the 1990 Act, prohibits the publication of matters likely to lead members of the public to identify the complainant in sexual assault offence cases, though it gives the court discretion to waive the anonymity requirement in certain circumstances. Section 8 of the 1981 Act, as amended by section 14 of the 1990 Act, prohibits the publication of matters likely to lead members of the public to identify the accused charged with a rape offence unless and until convicted, subject again to the courts discretion to waive or maintain anonymity in certain circumstances. There are anonymity provisions in the Criminal Law (Incest Proceedings) Act both in relation to persons charged with an offence under the 1908 Act and in relation to persons in relation to whom such an offence is alleged to have been committed.

The questions of public access and anonymity in sexual offence trials were addressed in the Discussion Paper on the Law on Sexual Offences which I published in 1998. The Sex Offenders Bill, 2000, at present before this House, is the first piece of legislation arising from an analysis of the views received on the Paper. When that legislation has been enacted, the views received on the other issues addressed in the Paper will be analysed and, if the need for further legislation is identified, I will request the Cabinet to approve the preparation of such legislation.