Seanad debates

Tuesday, 29 November 2022

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

 

1:00 pm

Photo of Frances BlackFrances Black (Independent) | Oireachtas source

I move amendment No. 7:

In page 25, between lines 11 and 12, to insert the following: “(c) in subsection 10, by the insertion of the following paragraphs after paragraph (b):
“(c) Subject to paragraph (d), nothing in this section shall operate to prohibit bona fide representatives of the Press and researchers from attending proceedings to which this section relates.

(d)Subject to paragraphs (d) and (e), where the court is satisfied that it is necessary to do so—
(i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,

(ii) by reason of the nature or circumstances of the case, or

(iii) as it is otherwise necessary in the interests of justice, the court may, on its own motion, or on application to it by a party to the proceedings by order—
(I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press and researchers from the court during the hearing or particular parts of it, or

(II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,
and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.
(e)In determining whether or not to make an order under paragraph (d), a court shall have regard to the desirability of promoting public confidence in the administration of justice and to any other matter that appears to it to be relevant and shall, in particular, have regard to the will and preferences of the person to whom the proceedings relate.”.”.

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