Written answers

Wednesday, 17 September 2014

Department of Justice and Equality

Court Procedures

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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701. To ask the Minister for Justice and Equality if she is willing to take measures to stop media incursion on family privacy at civil court proceedings in view of a number of judges who have come out and spoken of concerns over media being present in courts, often in plain sight of personal documents and, under the Miscellaneous Provisions Act 2013, are then free, although under guidelines, to report on individual cases; and if she will make a statement on the matter. [34803/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Part 2 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 allows Press access to the courts in family law and child care proceedings subject to strict conditions preventing identification of the parties and children involved. The provisions aim for a careful balance of the requirement to safeguard the privacy of persons involved in the proceedings with the need to promote public confidence in the administration of justice by ensuring transparency in how family and child care law operates in the courts.

Under the Act the court itself has the power to exclude representatives of the Press or restrict or prohibit the publication of evidence given in the proceedings in order to protect the anonymity of the parties, or if this is required by the nature or circumstances of the case or the interests of justice. Publication or broadcast of material which breaches anonymity safeguards is an offence and is subject to a fine of up to €50,000 or a term of imprisonment up to 3 years.

The provisions arise from a commitment in the Programme for Government to reform and modernise aspects of family law.

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