Friday, 18 December 2020
Harassment, Harmful Communications and Related Offences Bill 2017: Committee and Remaining Stages
The line relating to taking the victim's view into consideration is standard across all legislation. It comes from two issues. One is that it is about not fettering judicial discretion, so that section is included. However, the courts and our Constitution always lean towards law being practised in public. That is the starting point. If a victim states to the judge that he or she wants the information to be put into the public domain, it is something the court must take into consideration, as well as other matters whereby these issues should be dealt with in public. They are being done in camerahere to protect privacy or to protect the victim, in most cases. It expects the judge will use his or her discretion in the interests of the victims. My understanding is that under current law where a deceased person is involved, the person can be identified. Currently, there is an issue in that regard in respect of children that arose quite recently and the Minister, Deputy McEntee, has undertaken to address that in forthcoming legislation.