Rónán Mullen (Independent) | Oireachtas source

I am delighted to second this Bill. I commend Senator McDowell on introducing it so swiftly in the wake of this problem coming to light. As he illustrated, it raises the issue of why the Oireachtas needs to take its legislative role so seriously. I spoke last November during the hate crimes legislation about how careless drafting or rushed legislation can lead to unforeseen consequences. This children's legislation was intensely and intensively scrutinised. Therefore, it bears out all the more the importance of careful analysis of legislation.

As we know, this particular issue arose from a dispute between the DPP and a number of media outlets over whether a person identified only as "EC", who had committed a homicide against her child, could be publicly identified, as had been the media practice up to that point. We are familiar with Mr. Justice Birmingham's judgment at the Court of Appeal and, of course, it is clear, as has been said, the judge had no option but to interpret the law as he found it. Section 252 of the legislation, which "provides that a report which reveals the name, address or school of the child or includes any particulars likely to lead to his or her identification" should not be published, was only modified by the possibility of the court dispensing with the requirements of that section where it is satisfied that it is appropriate to do so in the interest of this child. It is clear that is so narrowly drawn that it could not possibly comprehend a situation where the child in question was deceased. It is certainly not for me to prejudge what precise solution the Government will come up with having regard to the complexities to which Senator McDowell alluded. It seems, however, that had the legislation provided a clause that, where otherwise, the court is of the view that it is just to publish, that such a saver would, perhaps, have prevented this particular decision.On any plain reading of section 252 as it stands, it is impossible to argue with the interpretation of the court. Through simple logic and the rules of statutory interpretation, it simply was not open to the Court of Appeal to substitute what might have been the intention of the Oireachtas in 2001 in place of what the clear meaning of the section was.

The recent case in Limerick highlighted just how urgently these changes are needed. I again commend Senator McDowell for bringing this Bill forward and I commend the Government on its willingness to deal with this matter in early course.