Oireachtas Joint and Select Committees

Tuesday, 14 June 2022

Select Committee on Children and Youth Affairs

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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In terms of the evolution of this provision, in the general scheme, we would fully remove the in camerarule. I know that was subject to quite significant criticism in terms of its implications for privacy and the extremely delicate nature of much of the material that will be discussed in these cases in terms of assessment of people's capacity. We changed this in the Bill as published and we have gone back to the use of the in camerarule. We take a position that is similar and treats this similar to family law, where the in camerarule applies.

I take Deputy Sherlock's point about and view on the research element. I do not necessarily agree with regard to the press. Those are two very different elements. I am trying to think of the rules for press reporting of family law disputes. I do not think there are any. I think there is a complete ban. As I understand it, the exception for the family law reporting project that Dr. Coulter undertakes was a legislative exception that had to be legislated for.

We will have a look at that text in terms of the research point. We will have to speak to the Department of Justice about that. This is not just a call for us; it is a call for the Department of Justice. I do not propose to do it in terms of journalists who are reporting. I do not think that is necessarily appropriate but I take Deputy Sherlock's view. I have launched some of the reports of the child law reporting project. It is very important. There may be a call to do something similar in the context of the implementation of the decision support services and this legislation.