Alan Farrell (Dublin Fingal, Fine Gael) | Oireachtas source

The Bill is of significant importance and will have a clear and profound ramification on the way in which we, as a public, become aware of some of the most tragic cases that take place within the State and, indeed, how the media can report on those same cases. I thank Senator McDowell and others in the Seanad for bringing forward this legislation, and the Minister, Deputy McEntee, for having the ambition to see it passed in the quickest time possible. I note what the previous speaker said about a previous Bill in the name of Deputy Jim O'Callaghan, and I commend him also for pushing this agenda.

As the House will be aware, the Bill seeks to change section 252 of the Children Act which, as a result of the ruling in the Court of Appeal last October, interpreted this section as prohibiting the naming of a child victim once criminal proceedings had begun. Until this point, there had not been any significant issue in this regard but the ruling by Mr. Justice Birmingham was a valid one and based upon a reading of the legislation. As a result, the law has now given rise to this anomaly.

It is important to acknowledge that the legislation, as it currently stands, was never intended to result in this situation arising. Instead of being a restrictive measure, it was in fact envisaged as a protective measure for child witnesses and-or victims in proceedings. It is, therefore, the right decision to amend our legislation to facilitate these changes.

Cases in which a child has been killed or has been the victim of some other heinous crime are some of the toughest and most heart-wrenching criminal cases we encounter as a society. An attack on innocence and the knowledge that we cannot always be there to protect our loved ones means these cases often attract huge public interest and can spark debate within the public sphere and the media and, indeed, the political realm. As a result of the current legislation and the interpretation of the Court of Appeal, it is now likely that the accused in such cases will not be named so as to protect the identity of the victim. Moreover, it significantly restricts the ability of the family of the victim to control their own narrative while, at the same time, the case of their child is spoken about throughout the country.

It limits their ability to grieve publicly, to talk to the media about how they wish their child to be remembered and to celebrate their child's life rather than relive the tragic end. So much of this Bill is about just that: giving power back to the families of victims and allowing them to control their own route through a torturous time in their life. For the families of victims, the pain and suffering they go through is simply unfathomable. It is a burden they carry for the rest of their lives and one which never gets easier. It should, therefore, be the responsibility of the State not to add to that suffering or pain and to ease, insofar as it can, the burden they carry. However unintended, the legislation in its current form muzzles these families and restricts their ability to grieve in the manner that is necessary and right for them. I urge all parties to support the passage of this amending legislation which loosens those restrictions. It is in this context that I welcome the Minister for Justice's decision to introduce a number of Government amendments to this Bill which will strengthen it. I particularly welcome the amendment that will see this legislation become retrospective and effectively lift the restrictions that may have occurred in the period between the ruling by the Court of Appeal in October last year and the enactment of this amending legislation. I echo the comments of Deputy Berry on the importance of both pre-legislative and post-enactment scrutiny in terms of picking problems up.

I mentioned that these cases often attract a huge public reaction, as is more and more evident in the wake of the social media revolution. We have seen cases in the past where individuals embarked on their own research on social media to find the name of the accused or the victims involved. It is not hard to see how this, combined with the current form of the law, could prove to be a toxic mix which would only serve to drive unverified speculation as to the details of the case and those involved. There is the potential for misinformed and misguided assertions which have the ability to do untold harm to victims and their families and even, conceivably, someone wrongly identified on social media. Indeed, we also find other significant restrictive issues that have arisen as a result of the current situation, including the limiting of the ability of a child victim of crime, now an adult, to waive the right to anonymity and speak publicly about his or her experience. This is an anomaly that must be corrected. The survivor of a crime should not, as an adult, be prevented from speaking about that crime. This is counter-intuitive and would prolong the suffering of some, denying them closure by denying them the ability to highlight the issue.

We do not have to look too far into the past to see that the children of Ireland have often only been an afterthought in our society and laws, although we have made significant progress in recent decades in becoming a more open, compassionate and warm community. As a member of Fine Gael, I am very proud to have been a part of moves to bring the rights of the child to the forefront of government and the Constitution and to facilitate children's voices being heard at national level. As a former chairman of the children's committee, I am pleased to say that through a number of groups that appeared before that committee, members were able to hear directly from children on legislation and policies of the State that directly affected them. The moves under Fine Gael to which I referred include the referendum on children's rights which was passed a number of years ago and the introduction of the first stand-alone Minister for Children and Youth Affairs with a seat at Cabinet. These were profound advancements in how we develop legislation and policy. We have an opportunity now to hear the views and perspectives of the child. Without this, we cannot hope to truly and fully reflect the diverse and multifaceted views of our younger generation. This is something I hope will be brought into policy development across all Departments more and more as we continue to strive for a more perfect system.

We have, in the Minister for Justice, Deputy McEntee, a person who seeks to make profound and important changes to the legal and justice systems in Ireland. There can be few more profound changes than giving the families of victims the right to express their grief in the way they feel they need to. I hope to see the passage of this Bill without delay.

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