Skip to main content
Normal View

Family Law Cases

Dáil Éireann Debate, Thursday - 30 January 2014

Thursday, 30 January 2014

Questions (158)

Róisín Shortall

Question:

158. Deputy Róisín Shortall asked the Minister for Justice and Equality to set out the basis on which media reporting is allowed in family law cases held in camera; the basis on which one or other of the parties to a case is allowed to object to such reporting and the way such a disagreement is resolved. [4699/14]

View answer

Written answers

The commencement of Part 2 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 on 11 January 2014 allows bona fide representatives of the press to attend family law and child care court proceedings subject to strict conditions. Enabling the media to have access to, and to report on, these cases will provide valuable information to the public, judiciary and the legal profession on the administration of the law by the courts in these important areas.

The courts retain the power to exclude representatives of the press and to restrict or prohibit the publication of evidence given in the proceedings in certain circumstances. A court, under its own motion or on application to it by a party to the proceedings, can, if it is satisfied that it is necessary in order to preserve the anonymity of a party to the proceedings or taking into account the nature and circumstances of the case or in the interests of justice, exclude or otherwise restrict the attendance of the media from the court during the hearing or from particular parts of the hearing. The court may also prohibit or restrict the publication or broadcasting of any evidence given or referred to in the proceedings. The court, when making its determination as to whether to exclude members of the media or to impose reporting restrictions must, in particular, have regard to the following:

(i) the best interests of a child to whom the proceedings relate;

(ii) the views, if any, of—

(I) a party to the proceedings, and

(II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;

(iii) whether information given or likely to be given in evidence is sensitive personal information;

(iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned;

(v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;

(vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings;

(vii) whether information given or likely to be given in evidence is commercially sensitive information; and

(viii) whether information of the type referred to in subparagraphs (iii), (vi) and (vii) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate.

Having taken all the above into consideration the court may make a ruling setting out any conditions deemed necessary to the individual case.

Top
Share