Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

I also wish the Minister the best on her maternity leave. I hope she takes care of herself.

I called for section 252 of the Children Act to be amended to allow for the identification of deceased children who are victims of crime. My colleague, Deputy Jim O'Callaghan, and I published legislation similar to this Bill. I commend Senator McDowell on sponsoring the Bill, which will achieve what we set out to achieve. I also thank the Seanad for progressing Senator McDowell's proposed amendment so quickly. This will allow grieving parents to speak publicly about their deceased child and remember them the way they want to. It will ensure that parents will be free to refer in media reporting to the names of their deceased children who have been victims of crime and also remove the restrictions on the reporting of the identity of the accused or convicted persons in such cases where restrictions applied because reporting of the child's identity might lead to the identification of the deceased child victim. However, this will not operate to undermine the provisions of section 252 if another child is in need of its protection, nor undermine the provision of section 93 of the Act in particular, which protects the identity of a child who is the accused or convicted person.

It is important in the grieving process to remember a child by name. The Court of Appeal ruling in October that a dead child cannot be identified when someone is charged with killing the child meant that a person charged with a child's murder or manslaughter cannot be named if by doing so the child would also be identified. This led to enormous trauma for the families left behind. The Oireachtas never intended to prevent the identification of children who were victims of homicide. The October decision created legal anomalies but the court did not have an option to rule otherwise. The unintended consequence of the ruling was that victims and their families were silenced. It meant that the families of children who have been victims of domestic homicide could no longer speak publicly the names of their children killed and, consequently, the name of the perpetrator as to do could identify the children. I have met families affected by this legislation who have gone through such loss. I know for them the importance of keeping the memories of their loved ones alive, so it is vital that we move quickly to enact this legislation.

It is important that I mention my good friend, Kathleen Chada, from Carlow. She has been speaking to Senator McDowell and Deputy Jim O'Callaghan about this issue. Kathleen proudly speaks about her two boys and I know how important this legislation is for her.

The interpretation of current legislation is seen as yet another way to protect the perpetrator and silence the victims. Those who had serious crimes committed against them as children had the ability to make a choice about revealing their identity removed under this ruling. That was also wrong.

I urge the House to adopt this Bill to give families back the ability to name and remember their children publicly. I strongly support the legislation. My understanding is that it could take three or four weeks for the House to pass it. It is important that it go through the House as quickly as possible.

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