A new law that will allow murdered children to be named should be in force in a matter of weeks, according to the Justice Minister.

Under the Children’s Act, it is an offence to publish anything that could lead to the identification of a child who has been the victim of a crime.

Late last year, an Appeals Court ruling found that those restrictions also apply if the child is deceased or has already turned 18.

That led to concerns child murderers could never be named, with families prevented from speaking publicly about their children if they were murdered.

There are concerns that people who come forward with claims of historical sexual abuse would be prevented from doing so publicly.

Children's Act

On The Hard Shoulder this evening, the Justice Minister Helen McEntee said new legislation to address the concerns will be enacted in the coming weeks.

She said it will address a number of key issues arising from the Appeal Court ruling.

“Firstly, it will ensure that the child can be named where they are deceased,” she said. “This proposal will do that.

“Secondly, that the perpetrator or the alleged perpetrator can also be named.

“We also need to make sure that this will apply retrospectively so those really difficult stories we have heard about in the last few months that this will apply to those families so they can talk about and remember their children in the way they want to.

“Also, there is another situation that has arisen where somebody has been a victim of sexual assault or abuse as a young child but going through the court system now as an adult, they cannot give their name; they cannot tell their story as they want to.

“This proposal will address that.”

Legislation

Minister McEntee said Cabinet had agreed to row in behind legislation tabled by Senator Michael McDowell to ensure the changes can be enacted as quickly as possible.

“If you look at how long it was going to take, this is the quickest way,” she said.

“Really it doesn’t matter who introduces it or where it comes from; what matters is we do it as quickly as possible.

“I think we are all in agreement that this is the best way to do it and Cabinet thankfully supported that today as well.”

Protection

She said the new legislation will mean that a child murder victim can automatically be named – unless the DPP applies for a protection order.

“If, for instance, you have a child that has been killed but their sibling is alive and the naming of that deceased child may in a way, harm or cause harm to the child that is still alive, there can be a request by the DPP to the courts to prevent a name being put forward,” she said.

She said the procedure will be “very clear,” noting that there will be no additional burden on parents.

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