It passed so Part II - The proposed adoption legislation42A 3. Provision shall be made by law for the voluntary placement for adoption and the adoption of any child. The proposed change to the Constitution | Referendum 2012
GENERAL SCHEME OF ADOPTION (AMENDMENT) BILL 2012
1 - Secrecy
This Bill proposes to provide the Adoption Authority of Ireland (AAI) and the High Court (to a lesser extent) roles in administering these new powers. The High Court administers justice in public save for some restrictions (the Courts Act, 1961 & Rape Act,1990) in such cases rulings are subject to a strict prohibition on the publication of any material that could lead to the identification of the parties or children involved.
The Adoption Authority (AAI) is a quasi judicial (powers resembling those of a court of law) independent state body which operates exclusively behind closed doors. Hearing of applications Section 16 (3), "The Board may hear the application wholly or partly in private" Adoption Act, 1952 In practice the AAI operates the "wholly" in private provision.
Journalists will be free to report on family cases
"JOURNALISTS WILL be allowed to report on family law and child care cases when the in-camera rule is amended by new legislation, Minister for Justice Alan Shatter has confirmed." Friday, November 2, 2012
So the Minister for Justice is of opinion that it is appropriate and necessary for legal reporting of proceedings in the family courts and childcare proceedings to commence then surely the same logic should include the AAI? The Minister may include the AAI but a recent call to his Dept. by this poster was advised that due to the AAI's quasi judicial status (not a court of law) that it was not intended to include it in the proposed reforms.“The legislation will amend the in-camera rule to allow press access to the courts in family law and childcare proceedings,” Mr Shatter said. He stressed this would be subject to a strict prohibition on the publication of any material that could lead to the identification of the parties or children involved."
“However, the application of the in-camera rule has meant that family cases including childcare cases are not generally reported and the public, and even practitioners may not be aware of how the law, particularly in relation to children, is being operated and applied in the different courts, before which such issues are heard.” Minister for Justice Alan Shatter
Is this justifiable?
I have a few more queries on this legislation but I feel the above is enough to get the ball rolling.Former Supreme Court judge Catherine McGuinness said she thought courts would “perhaps behave more carefully” when members of the press were present than if they were not present. “I think that’s important however insulting that may be to both my . . . former colleagues and present judges.”
So any opines?