Michael McDowell (Independent) | Oireachtas source

I move amendment No. 1:

In page 3, to delete lines 10 to 31, and in page 4, to delete lines 1 to 23 and substitute the following:

“Amendment of Children Act 2001 1. (1) The Children Act 2001 is amended by the substitution of the following for section 252:

“Anonymity of child in court proceedings

252. (1) Subject to this section, in relation to any proceedings for an offence against a child or where a child is a witness in any such proceedings—

(a) no report which reveals the name, address or school of the child or includes any particulars likely to lead to his or her identification, and

(b) no picture which purports to be or include a picture of the child or which is likely to lead to his or her identification,

shall be published or included in a broadcast.

(2) Subsection (1) shall not apply to the publication or inclusion in a broadcast or report of a report or picture referred to in paragraph (a) or (b) of that subsection relating to a child where—

(a) the proceedings concerned relate to the death of the child, and

(b) such publication or inclusion would not result in a contravention of—

(i) that subsection in so far as it related to another child, or

(ii) section 93.

(3) Subsection (1) shall not apply to the publication or inclusion in a broadcast of a report or picture referred to in paragraph (a) or (b) of that subsection relating to the person against whom the offence concerned is alleged to have been committed where—

(a) the person has attained the age of 18 years on or before the date on which the proceedings commence, and

(b) such publication or inclusion in a broadcast of the report or picture would not result in a contravention of—

(i) that subsection in so far as it relates to another person, who is a child, or

(ii) section 93.

(4) Subsection (3) is without prejudice to any other enactment or rule of law applicable to proceedings referred to in subsection (1) that operates to prohibit the publication or inclusion in a broadcast of a report or picture referred to in paragraph (a) or (b) of that subsection relating to any person.

(5) Subject to subsection (6), the court may dispense to any specified extent with the requirements of subsection (1) if it is satisfied that it is appropriate to do so in the best interests of the child.

(6) The court shall not, in accordance with subsection (2), dispense with the requirements of subsection (1) in respect of a child where to do so would result in the contravention of—

(a) that subsection in so far as it relates to another child, or

(b) section 93.

(7) Where the court dispenses with the requirements of subsection (1), the court shall explain in open court why it is satisfied it should do so.

(8) Subsections (3) to (6) of section 51 shall apply, with necessary modifications, for the purposes of this section.

(9) Nothing in this section shall affect the law as to contempt of court.”.

(2) The amendment effected by subsection (1) shall, on and from the date on which this section comes into operation, apply to the publication or inclusion in a broadcast of a report or picture to which section 252(1) of the Children Act 2001 applies, irrespective of whether the proceedings referred to in that subsection were commenced before that date.”.