Children (Amendment) Act 2021

JurisdictionIreland
CitationIR No. 6/2021
Year2021


Number 6 of 2021


CHILDREN (AMENDMENT) ACT 2021


CONTENTS

Section

1. Amendment of section 252 of Children Act 2001

2. Short title, collective citation and commencement


Acts Referred to

Children Act 2001 (No. 24)

Children Acts 2001 to 2015


Number 6 of 2021


CHILDREN (AMENDMENT) ACT 2021


An Act to amend the Children Act 2001 to make further provision, in relation to proceedings to which section 252 of that Act applies, in respect of the publication and inclusion in a broadcast of reports or pictures identifying or likely to identify certain children; and to provide for related matters.

[26th April, 2021]

Be it enacted by the Oireachtas as follows:

Amendment of section 252 of Children Act 2001

1. (1) Section 252 of the Children Act 2001 is amended—

(a) in subsection (1), by the substitution of “Subject to this section,” for “Subject to subsection (2),”,

(b) by the insertion of the following subsections after subsection (1):

“(1A) Subsection (1) shall not apply to the publication or inclusion in a broadcast of a report or picture referred to in paragraph (a) or (b) of that subsection relating to a child where—

(a) the proceedings concerned relate to the death of the child, and

(b) such publication or inclusion in a broadcast would not result in a contravention of—

(i) that subsection in so far as it relates to another child who is alive, or

(ii) section 93.

(1B) Subsection (1) shall not apply to the publication or inclusion in a broadcast of a report or picture referred to in paragraph (a) or (b) of that subsection relating to the person against whom the offence concerned is alleged to have been committed where—

(a) the person has attained the age of 18 years on or before the date on which the proceedings commence, and

(b) such publication or inclusion in a broadcast of the report or picture would not result in a contravention of—

(i) that subsection in so far as it relates to another person, who is a child and is alive, or

(ii) section 93.

(1C) Subsection (1B) is without prejudice to any other enactment or rule of law applicable to proceedings referred to in subsection (1) that operates to prohibit the publication or inclusion in a broadcast of a report or picture referred to in paragraph (a) or (b) of that subsection relating to any person.”,

and

(c) by the substitution of the following subsection for subsection (2):

“(2) The court—

(a) shall...

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