Seanad debates

Wednesday, 28 September 2022

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage

 

10:30 am

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

These amendments will allow for the undertaking of court reporting and research under Part 5. A regulation-making power is being provided for certain classes of persons to make reports on proceedings taking place under Part 5. The necessary access to proceedings will be provided and the identity of a person will be kept confidential in such reporting. This point was raised as an Opposition amendment by Deputy Sherlock in the Dáil. I recognise the value of its inclusion in terms of the lessons that can be learned and ensuring consistency of operation throughout the court system. At its core is the value that transparency and research can bring in improving the operation of the legislation. The proposed amendments provide for this while remaining properly conscious of the privacy rights in matters under Part 5. It is on this basis that I, in consultation with my colleague the Minister for Justice, will make any such regulation. The model we are looking at is the family law court reporting service that has done such invaluable work to provide an understanding of what happens in family law cases which are held in camera. It could allow for a similar type of reporting to take place in respect of these cases. It would be good to have an understanding of the type of cases and the type of legal responses coming forward.

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