‘We could change this absurd law in two days’
Here is a teenage stabbing victim that the State will no longer allow you to see because a man was charged with the crime yesterday
‘We will change this, I will bring it to Cabinet’
FF justice spokesman Jim O’Callaghan calls for new urgency as minister says she’ll bring her proposals to Cabinet ‘in weeks’
THE law preventing the Irish Mail on Sundayfrom the publishing the name of a young boyw how ass tabbed to death in Dublin this weekcould be put through theDáil‘i na day ’, Fi annaFáil deputy Jim O’ Callaghan said last night .
‘ Legislation can be enacted very quickly ifthere is a sense of urgency . Recentlegislationhas gone through all stage soft heDái li noneday and has then proceeded to the Sea na donthe following day ,’ the Dublin T D said.
‘It can be done if the political urgencyexists,’he added.
Thenameandpicturesofthe16-year-oldwhowaskilledwereheavilyreportedthisweek,butafteramanappearedincourtyesterdayinconnectionwithhisdeaththemedia is now precluded from identifying the boy.
The Fianna Fáil deputy spoke of a need to‘kick some urgency’ into the situation, whichis causing distress and upset to the familiesof children killed in Ireland since 2001.
Mr O’Callaghan and independent senatorMichael McDowell each drafted a Bill and-presented it to the Justice Minister HelenMcEntee before Christmas.
Asked what would be the quickest way ofchanging the law, Mr O’Callaghan, a practising barrister, said: ‘The quickest way is if-there is justice legislation or any legislationgoing through the Dáil next week – from thechildren’s department or from justice, usuallyit is justice legislation – just put it in with-the provision at the end of it, an amendment-tothe Children’s Act.’
Section 252 of the Children Act2001 provides mandatory and automatic reporting restrictions in thecase of ‘any proceedings for anoffence against a child’. In October,the Court of Appeal found thatthese prohibitionsextend to children who had died or turned 18.
‘Myself and Michael McDowellspoke to theminister before Christmas. She’s committedto-changingit. I drafted a Bill, Michael drafteda Bill, together we gave her a composite version ofour two Bills andthere is somebody in herdepartment looking at it. Just likeeverything, it’s slow, but we really needto speed thething up, it’s urgent.’
Askedifthesectioncouldsimplybe repealed–given that a judge in-any casewith a child victim couldstill impose reportingrestrictionson a case-by-case basis – MrO’Callaghan accepted that it could.
He added there is a benefit toSection 252 inthat if a child is avictim of sexual abuse or of anassault it makes sense that detailsidentifying a living child can not bereported .
‘But the problem with 252 is that ,since the October 29 last , ithas applied to children who werekilled and it was never interpretedin that way before .
‘The Bill that I drafted , we pu tina provision that it would not applyto children who are deceased .’
Speaking of the ‘absurdity’ of thesituation, Mr O’ Callaghan spoke ofthe boyw how ass tabbed in Dublinthis week.
‘There has been so much coverageover it and it’ s going to becomeabsurd becausepeople are going to hear somebody has been charged with the stabbing of a child and people are going :“What , another child has been stab bed ?” It really is absurd . ‘Obviously , the media are interested in this legitimately because of the impact , but it is really tough on the families . It’s a terrible thing to say , but the reason the children are know nan dare publicised is because of the horrific event that happened to them . You can’t really speak on their behalf without referring to the central dominating even tin their lives,whic hist hat they were killed .’
Since the ruling, the MoS has runthe Remember Their Names campaign to highlight the impact ithas had on families around thecountry.
The law threw up another unforeseenconundrum, in which a Statebody is apparently breaching thelaw in a campaignintended to prevent further loss of life.
The Road Safety Authority (RSA)campaignfeatures a little boy whowas killed after a drunk driverploughed into his mother’s car.
Them an responsible was subsequentlyconvicted in the courts of dangerous drivingcausing the death of the boy . Legal advicesought by the MoS suggests that even thought he advertisement is available to view online–identification of the boy in the ad would constitute abreach of the Children’s Act.
The RSA said it is ‘studying theCourt’s decision’ regardingthe Act.
Mr O’Callaghan said it is also hislegal understanding that theadvert – which has undoubtedlysaved lives – cannot be aired.
‘The section is unusual. It sayssomething like, in relation to anyproceedings against a child, noreports can identify the child.
‘So I suppose the purpose is, inthe context of the proceedings, youcan’t name the child.
‘Certainly, anything relating tothe offence inwhich the child wasa victim is obliterated, soyeah, theroad safety ad,you’re right. The-child is being referred to there forthe purposes of the fact the childdied in a criminal act.’
Ms McEntee would not commenton the RSA advert issue directly. But last night she toldthe MoS: ‘Wehave already seen the hugenegative impact this has had on somanypeople, including parents who wantto remember their children andvictims who canno longer say who-they are.
‘We will change this and I will-bring proposals toCabinet withinweeks on how to do so.
‘I am determined to act as quickly-as possible. That’s why it is importantthat we work together acrossparties to make sure we resolvethis issue as soon as we can.’
She added: ‘I have met withsenator Michael McDowell anddeputy Jim O’Callaghan on howwecan best achieve this, while alsoensuringany changes do not resultin unintended consequences andare consistent with the key principle of the best interests ofthe child.’