Michael McDowell (Dublin South East, Progressive Democrats)

With amendments Nos. 28 and 35, Deputy Ó Snodaigh is proposing that "may" should be removed, casting an obligation on the court to go through this and consider the issue. I wish to make it clear that I believe it is the media's obligation, as well as that of the court, to ensure justice is not contaminated. If the word "shall" was put in that place, people could say that if the court did not direct an exclusion, a person would be free to say what they wished. Therefore, the media must share responsibility and it is not a passport to freedom in reporting a case if the court did not go through it to see what could prejudice a subsequent trial.

With regard to the term "considered reasonably necessary", I have had much thought on the issue. It reflects the wording in the Constitution, and the Constitution, properly interpreted, leads that the term "considered" means considered by the court and not by anybody else. The term "considered" in the constitutional amendment was a reference to a consideration by the courts in these matters.

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