Children (Amendment) Act 2021

In short

This law amends the Children Act 2001 to change rules about publishing or broadcasting reports and pictures that identify children involved in certain legal proceedings. It specifically addresses situations concerning deceased children or adult victims.

What it regulates

The publication or broadcast of reports or pictures identifying children in legal proceedings.
Exceptions to the general prohibition on identifying children when the proceedings relate to the child's death.
Exceptions when the person against whom an offence is alleged to have been committed is an adult.
The court's power to allow or disallow the identification of children in such reports or broadcasts.

Who it concerns

Children involved in legal proceedings where their identity might be revealed.
Media outlets and broadcasters who publish or include reports or pictures related to these proceedings.
Courts presiding over proceedings covered by section 252 of the Children Act 2001.

Key points

The general rule against identifying children in reports or broadcasts (Section 252(1) of the Children Act 2001) does not apply if the proceedings are about the child's death, unless it harms another living child or contravenes Section 93.
This rule also does not apply if the alleged victim is 18 years or older when proceedings start, unless it harms a living child or contravenes Section 93.
The court must allow identification if the proceedings are about a child's death, unless it harms another living child or contravenes Section 93.
The court may allow identification in other cases if it's in the child's best interests, doesn't harm another living child, and doesn't contravene Section 93.

Legal text

Children (Amendment) Act 2021 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2021 Children (Amendment) Act 2021 Children (Amendment) Act 2021 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán 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, subject to such conditions (if any) as it considers appropriate, dispense with the requirements of subsection

(1)in relation to a child referred to in that subsection where the proceedings concerned relate to the death of that child unless it is satisfied that to do so would— (

i)not be in the best interests of another child referred to in that subsection who is alive, or (
ii)contravene section 93, and (
b)may, subject to such conditions (if any) as it considers appropriate, dispense with the requirements of subsection

(1)in relation to a child referred to in that subsection where the proceedings concerned do not relate to the death of a child and where the court is satisfied that to so do— (

i)is appropriate having regard to the best interests of that child, (
ii)would not be contrary to the best interests of another child referred to in that subsection who is alive, and (iii) would not contravene section 93.”.

(2)The amendments effected by subsection

(1)shall, on and from the date on which this section comes into operation, apply to the publication or inclusion in a broadcast of a report or picture to which section 252

(1)of the Children Act 2001 applies, irrespective of whether the proceedings referred to in that subsection were commenced before that date. Short title, collective citation and commencement 2.

(1)This Act may be cited as the Children (Amendment) Act 2021.

(2)The Children Acts 2001 to 2015 and this Act shall be construed together as one Act and may be cited together as the Children Acts 2001 to 2021.

(3)This Act shall come into operation on such day or days as the Minister for Justice 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. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.