Written answers

Thursday, 3 November 2005

Department of Justice, Equality and Law Reform

Court Procedures

5:00 pm

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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Question 246: To ask the Minister for Justice, Equality and Law Reform if he will consider extending the [i]in camera[/i] rule to civil cases arising from rape and certain categories of sexual assault in order to protect the anonymity of a plaintiff who might not otherwise feel capable of giving evidence in open court. [32291/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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Under the Constitution, justice is required to be administered in public save in such special and limited cases as may be prescribed by law. The law, section 45 of the Courts (Supplemental Provisions) Act 1961, prescribes that justice may be administered otherwise than in public in the case of urgent applications for relief by way of habeas corpus, bail, prohibition or injunction, matrimonial cases, lunacy and minor matters and cases involving the disclosure of a secret manufacturing process. Various other statutes provide for certain civil proceedings or part of them to be heard in camera at the discretion of the court, for example, family law proceedings, proceedings under data protection legislation and certain company law proceedings. I am reviewing operation of the civil law in this area with specific reference to cases arising from rape and serious sexual assault offences.

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