Bill to allow naming of child victims to be passed ‘in weeks’

JUSTICE Minister Helen McEntee has said she hopes legislation allowing for the identification of child victims of homicide can be passed “in a matter of weeks”.

The amendment is set to be retrospective and will cover children who cannot currently be named due to a court ruling last October.

Ms McEntee made the comments after the Cabinet agreed to adopt an amendment to the 2001 Children Act tabled in a private members bill by Independent senator Michael McDowell.

The minister has been under pressure to deal with the issue following an outcry from parents who lost children in violent circumstances.

The bill will amend Section 252 of the Children Act 2001, which provides mandatory reporting restrictions in the case of “any proceedings for an offence against a child”.

In October, the Court of Appeal interpreted the legislation as meaning the prohibition extended to children who had died or since turned 18.

The impact of the ruling was recently seen when the name of a 16-year-old boy who died in a stabbing incident could no longer be reported after a man was charged with his murder.

The ruling also means the identity of a person responsible for a child’s death cannot be disclosed if it would reveal the child’s identity.

Ms McEntee said adopting Mr McDowell’s bill was the quickest way to deal with the issue. Speaking to RTÉ radio, the minister said she had heard “heart-breaking stories” from parents.

“They want to remember their children. They want to talk about their children. They cannot do so at the moment because [the act] is being interpreted in the way it is,” she said.

The bill will be introduced in the Seanad next week before Government amendments are made at committee stage. The amendments deal with issues not addressed in the bill.

These would allow the identity of a child to be published in any proceedings involving the death of a child, therefore enabling parents to speak publicly about their child.

They would also allow for the publication of the identity of an adult victim who was a child at the time of the offence but an adult at time of trial.

Ms McEntee said there would be instances where the court would have discretion on identification.