Frances Black (Independent) | Oireachtas source

While it is vital to ensure individuals' will, preferences and privacy are respected, it is crucial that the public is aware of how this monumental change to Ireland's capacity laws operates in practice and that researchers can document the operation of the system. This amendment allows for judicial discretion and draws on existing legislation to ensure representatives of bona fide press, researchers and legal professionals can still attend and report on cases, subject to reasonable restrictions. The Minister introduced an amendment to this section on Committee Stage here and it allows solicitors and barristers to report on cases, as well as others within a class of persons specified in regulations.

It is not clear, however, whether this will include members of the press and researchers. On Committee Stage in the Dáil, the Minister said he would consider an amendment of this type for researchers but not for members of the press. The history of wardship would have remained entirely secret and unknown to the public if it were not for the diligent reporting of socially minded journalists, who ensured that the realities of the system could not be entirely hidden away by closed proceedings. The same level of scrutiny of the system which will replace it should also be possible. Restricting journalists who write for the public creates the unavoidable suggestion that these proceedings are a niche professional matter, which I think is untrue. All of us may experience capacity issues in our lifetimes, so the proper operation of the system is of interest to all.

When the Minister introduced his own amendment on this issue on Committee Stage here, he referenced the value of the work undertaken by researchers, like Dr. Carol Coulter, in the family law courts. He also noted that the Minister for Justice would be responsible for these regulations. If the Minister is not in a position to consider further amendments to this section or if this ruled out of order, then clarity is required regarding whether researchers and members of the press will be included in the class of persons provided for in regulations who will have permission to observe and report in this context, with the necessary privacy restrictions applying to decisions made under the Act.