Thursday, 1 April 2021
Children (Amendment) Bill 2020 [Seanad]: Committee and Remaining Stages
I move amendment No. 1:
In page 3, line 21, to delete "another child" and substitute "another child who is alive"
The amendments to subsections (1A) and (1B) are basically technical and are to make it clear beyond doubt that any restrictions on publication only relate to the protection of the interests of living children. They are being proposed following a careful review of the drafting and to provide for a scenario in subsection (1A) where there might be two deceased children and in subsection (1B) where there might two victims, one of which was a child at the time of the offence but an adult at the time of the proceedings and the other victim was a deceased child. For example, the existing draft of subsection (1A)(b)(i) might be viewed as bringing a second deceased child back within the scope of section 252 and preventing the naming of either deceased child, which is not the intention.
The wording of the amendment is: "In page 3, line 21, to delete "another child" and substitute "another child who is alive"." When we talk about the best interests of the child, we are not talking about the deceased child, we are talking only about a living child. The amendment is technical and takes on board points that have been made in this House, but also in the Seanad, in order to put beyond any reasonable doubt that this is what we are speaking about in any scenario.