Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

No, it is the decision of the court. I refer the Deputy to section 5. There are various provisions in it. The new subsection (3A)(b) reads:

Subject to paragraphs (c) and (d), where, in proceedings under a relevant enactment, a court is satisfied that it is necessary to do so--(i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,

(ii) by reason of the nature or circumstances of the case, or

(iii) as it is otherwise necessary in the interests of justice,the court may, on its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order--(I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or

(II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.

Remember that the position remains that the public is not admitted to family court proceedings. The only persons who could be present in a court other than the parties, their lawyers and perhaps a witness who is called to give evidence would be the court officials and the judge. If someone else is in the back or front of the court looking as if he or she is taking notes, a member of the public is not allowed and if that person is there under the continuing law, he or she could be excluded. If he or she is a bona fide member of the press and there are still concerns by application of the factors that I just mentioned, it is open to the judge on his or her own initiative or to legal representatives or, indeed, the parties to the proceedings to draw their concerns to the attention of the judge. The judge would be able to exclude an individual.

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