Legalize / Ireland / Act

Courts and Civil Law (Miscellaneous Provisions) Act 2013

Type Act

Publication 2013-07-24

State In force

Source Irish Statute Book

Reform history JSON API

PART 1 Preliminary and General

1. Short title, commencement and collective citations

1. (1) This Act may be cited as the Courts and Civil Law (Miscellaneous Provisions) Act 2013.

(2) Sections 2 to 12 shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions, and those sections or any provision of them shall apply in relation to proceedings in any court whether instituted before or after the day so appointed in respect of the section or provision concerned.

(3) Part 3 shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular provision and different days may be so appointed for different provisions, but that Part or any provision of it shall not apply in relation to proceedings in any court instituted before the day so appointed in respect of the Part concerned or the provision concerned.

(4) Part 7 shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular provision and different days may be so appointed for different provisions.

(5) Part 8 shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular provision and different days may be so appointed for different provisions.

(6) The Courts (Supplemental Provisions) Acts 1961 to 2012 and section 17 may be cited together as the Courts (Supplemental Provisions) Acts 1961 to 2013.

(7) The Coroners Acts 1962 and 2005 and section 24 may be cited together as the Coroners Acts 1962 to 2013.

2. Repeals

2. (1) Sections 13 to 18 of the Courts and Court Officers Act 2002 are repealed.

(2) Subsection (2) of section 40 of the Civil Liability and Courts Act 2004 is repealed.

(3) Subsection (5) of section 31 of the Child Care Act 1991 is repealed.

PART 2 Amendment of Rules Relating to Certain Proceedings Heard Otherwise than in Public

3. **Interpretation (Part 2)**

3. In this Part—

“Act of 1991” means the Child Care Act 1991;

“Act of 2004” means the Civil Liability and Courts Act 2004;

“Act of 2010” means the Adoption Act 2010.

4. Amendment of section 39 of Civil Liability and Courts Act 2004

4. Section 39 of the Act of 2004 is amended—

(a) in the definition of “Act of 1996”, by substituting “Family Law (Divorce) Act 1996;” for “Family Law (Divorce) Act 1996.”, and

(b) by inserting the following definitions:

“ ‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

‘broadcast’ has the same meaning as it has in section 2 of the Broadcasting Act 2009;

‘publish’ means publish, other than by way of broadcast, to the public or a portion of the public;

‘relevant enactment’ means any of the following provisions:

(a) section 2(1B) (inserted by section 20 of the Courts Act 1971) of the Legitimacy Act 1931;

(b) section 45 of the Courts (Supplemental Provisions) Act 1961 (in so far as it relates to matrimonial causes or matters, or minor matters);

(d) section 10 of the Act of 1976;

(e) section 36 of the Status of Children Act 1987;

(f) section 34 of the Act of 1989;

(g) section 7 of the Maintenance Act 1994;

(h) section 33 or 38 of the Act of 1995;

(i) section 38 of the Act of 1996;

(j) section 16 of the Domestic Violence Act 1996;

(k) section 18, 30, 31, 49, 54 or 92 of the Adoption Act 2010;

(l) section 145 or 199 of the Act of 2010.”.

5. Amendment of section 40 of Civil Liability and Courts Act 2004

5. Section 40 of the Act of 2004 is amended by inserting the following subsection after subsection (3):

(3A) (a) Subject to paragraph (b), nothing contained in a relevant enactment shall operate to prohibit bona fide representatives of the Press from attending proceedings to which the relevant enactment relates.

(b) Subject to paragraphs (c) and (d), where, in proceedings under a relevant enactment, a court is satisfied that it is necessary to do so—

(i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,

(ii) by reason of the nature or circumstances of the case, or

(iii) as it is otherwise necessary in the interests of justice,

the court may, on its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order—

(I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or

(II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,

and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.

(c) In determining whether or not to make an order under paragraph (b), a court shall have regard to the desirability of promoting public confidence in the administration of justice and to any other matter that appears to it to be relevant and shall, in particular, have regard to the following:

(i) the best interests of a child to whom the proceedings relate;

(ii) the views, if any, of—

(I) a party to the proceedings, and

(II) a child to whom the proceedings relate who is, in the opinion of the court, capable of forming his or her own views;

(iii) whether information given or likely to be given in evidence is sensitive personal information;

(iv) the extent to which the attendance of bona fide representatives of the Press might inhibit or cause undue distress to a party to the proceedings or a child to whom the proceedings relate by reason of the emotional condition or any medical condition, physical impairment or intellectual disability of the party or the child concerned;

(v) the need to protect a party to the proceedings or a child to whom the proceedings relate against coercion, intimidation or harassment;

(vi) whether information given or likely to be given in evidence might be prejudicial to a criminal investigation or criminal proceedings;

(vii) whether information given or likely to be given in evidence is commercially sensitive information; and

(viii) whether information of the type referred to in subparagraphs (iii), (vi) and (vii) when taken together with other information would, if published or broadcast, be likely to lead members of the public to identify a party to the proceedings or a child to whom the proceedings relate.

(d) In considering the views of a child referred to in clause (II) of paragraph (c)(ii), a court shall take account of the age and level of maturity of the child concerned.

(e) Where evidence in proceedings to which a relevant enactment relates concerns a matter referred to in subparagraph (vi) of paragraph (c), an application under paragraph (b) may be made by or on behalf of the Director of Public Prosecutions.

(f) In this subsection—

‘commercially sensitive information’ means—

(i) financial, commercial, scientific, technical or other information the disclosure of which could reasonably be expected to result in a material financial loss or gain to the person to whom it relates, or could prejudice the competitive position of that person in the conduct of his or her business or otherwise in his or her occupation, or

(ii) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates;

‘party to the proceedings’ includes a witness in the proceedings;

‘sensitive personal information’ means information about a person that would, in the ordinary course of events, be known only to the person or members of the family, or friends, of the person, and includes but is not limited to—

(i) information relating to the medical, psychiatric or psychological history of the person,

(ii) information relating to the tax affairs of the person,

(iii) information relating to the sexual conduct or sexual orientation of the person.”.

6. Amendment of Part 3 of Civil Liability and Courts Act 2004

6. The Act of 2004 is amended in Chapter 2 of Part 3 by inserting the following section after section 40:

“Prohibition on publication or broadcast of certain matters

40A. (1) No person shall publish or broadcast or cause to be published or broadcast any information about a matter which would be likely to lead members of the public to identify the parties to proceedings to which a relevant enactment relates or any child to whom those proceedings relate.

(2) If any matter is published or broadcast in contravention of subsection (1), each of the following persons, namely—

(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(b) in the case of any other publication, the person who publishes it, and

(c) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or

(ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years or both.

(3) (a) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(b) Where the affairs of a body corporate are managed by its members, paragraph (a) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

(4) Nothing in this section shall affect the law as to contempt of court.”.

7. Amendment of section 2 of Child Care Act 1991

7. Section 2 of the Act of 1991 is amended by inserting the following definitions:

“ ‘broadcast’ has the same meaning as it has in section 2 of the Broadcasting Act 2009;

‘publish’ means publish, other than by way of broadcast, to the public or a portion of the public.”.

8. Amendment of section 29 of Child Care Act 1991

8. Section 29 of the Act of 1991 is amended by inserting the following subsection after subsection (5):

“(5A) (a) Subject to paragraph (b), nothing contained in this section shall operate to prohibit bona fide representatives of the Press from attending proceedings referred to in subsection (1).

(b) Subject to paragraphs (c) and (d), where, in proceedings referred to in subsection (1), a court is satisfied that it is necessary to do so—