Mary Henry (Independent)

I move amendment No. 39:

In page 22, between lines 16 and 17, to insert the following subsection:

"(2) Access to proceedings to which the relevant enactments relate shall be permitted to bona fide academic researchers, subject to such terms and conditions relating to access as may be prescribed in regulations made by the Minister: provided that nothing published by such researchers shall contain information which would enable the parties to the proceedings or any child to which the proceedings relate to the identified.".

As Senator O'Meara stated, this section is most important. My amendment is designed to ensure there will be access to the documents of the courts by bona fide academic researchers. The Minister and I recently attended the launching of a document by Baroness Onora O'Neill about freedom of expression and freedom of the press. As the Law Reform Commission and others have pointed out, we want to build up, with this legislation, a body of jurisprudence. In addition, I would like the public to be in a position to know how serious are the cases that come before the family courts. However, we do not want those courts to become places where sensational cases, albeit it in an anonymous way, are reported. These are most serious issues and usually cause great distress for the families involved.

I was somewhat surprised that the Minister did not merely reinstate the Courts Service's family law reporting project into the legislation. What is contained in the section is slightly different. We must ensure that people who are involved in serious research on family law will have access to the papers of the court and that this will not just be seen as a reporting situation. I do not believe that is what the Minister wants.