Sharon Keogan (Independent) | Oireachtas source

I am very grateful for the opportunity to make a few comments on the Final Stages of this Bill, which was drafted and introduced in the Seanad by my Independent colleague, Senator McDowell. I acknowledge his diligence, expertise and sterling work on the Bill. He engaged with the Minister for Justice and her Department to ensure that this matter was addressed as quickly as possible. I welcome the passing of the Children (Amendment) Bill 2020 by both Houses of the Oireachtas. It is important legislation that should help to recalibrate the law arising from the judgment of the Court of Appeal in DPP and EC v. The Irish Timesand others. The court interpreted section 252 to mean that reporting restrictions in respect of offences against children also applied in circumstances where the child was deceased or had turned 18 years of age, and the identity of the persons responsible for the child's death should not be published if this would directly or indirectly reveal the child's identity.

The new Bill addresses this issue and removes the gag on media reporting. It means that where there is a deceased child, and no other child witness, the identity of child and perpetrator can be reported without any court involvement. Other situations are also legislated for and give some latitude to the court to decide whether reporting restrictions are to apply. I am glad, particularly for the sake of the grieving family members of a deceased child, that a child can be remembered and, indeed, for the sake of the child, the perpetrator can be named.

I defer to the opinion of the architect of the Bill as initiated, Senator McDowell, on this matter, but it is regrettable that the Bill was not broader in its scope. The original Bill gave the court discretion to waive reporting restrictions for offences other than child murder, allowing even greater scope and flexibility for the Judiciary to balance the different interests and come to a reasoned decision as to where the public interest, in particular, lay. The original format of the Bill, which substituted a completely new section 252 for the old one, was more accessible than the Bill as passed by the Dáil. This is regrettable because the law should be as clear and accessible as possible. Notwithstanding this, I welcome the passing of the Bill, as will many parents of children who have lost their lives.