Comments on: Justice shall be administered in public http://www.cearta.ie/2007/07/justice-shall-be-administered-in-public/ the Irish for rights Sun, 05 Feb 2012 01:43:36 +0000 http://wordpress.org/?v=2.8.4 hourly 1 By: cearta.ie » Free speech and the rule of law http://www.cearta.ie/2007/07/justice-shall-be-administered-in-public/comment-page-1/#comment-17689 cearta.ie » Free speech and the rule of law Tue, 22 Mar 2011 07:59:15 +0000 http://www.cearta.ie/2007/07/justice-shall-be-administered-in-public/#comment-17689 [...] A free speech justification founded in the rule of law might find its home in the Article 34.1 commitment to open justice and the Article 40.6.1 reference to the rightful liberty of expression of the organs of public [...] [...] A free speech justification founded in the rule of law might find its home in the Article 34.1 commitment to open justice and the Article 40.6.1 reference to the rightful liberty of expression of the organs of public [...]

]]> By: Eoin http://www.cearta.ie/2007/07/justice-shall-be-administered-in-public/comment-page-1/#comment-9979 Eoin Sun, 26 Jul 2009 21:48:49 +0000 http://www.cearta.ie/2007/07/justice-shall-be-administered-in-public/#comment-9979 Thanks for the update, Darius. It's good news. Thanks for the update, Darius. It’s good news.

]]> By: Darius http://www.cearta.ie/2007/07/justice-shall-be-administered-in-public/comment-page-1/#comment-9977 Darius Sun, 26 Jul 2009 12:06:28 +0000 http://www.cearta.ie/2007/07/justice-shall-be-administered-in-public/#comment-9977 S.27 of the Civil Law (Miscellaneous Provisions) Act 2008 now provides that where in any civil proceedings a relevant person (a party or witness) has a medical condition, an application may be made to the court by any party for an order prohibiting the publication or broadcast of any matter relating to the proceedings which would, or would be likely to, identify the relevant person as a person having that condition. The court shall grant the order under this section only if it is satisfied that the relevant person has a medical condition, his or her identification as a person with that condition would be likely to cause undue stress to him or her, and the order would not be prejudicial to the interests of justice. http://www.irishstatutebook.ie/2008/en/act/pub/0014/sec0027.html This section appears to be modelled on s.181 of the Criminal Justice Act 2006, which allows anonymity for witnesses in criminal cases who have a medical condition. http://www.irishstatutebook.ie/2006/en/act/pub/0026/sec0181.html S.27 of the Civil Law (Miscellaneous Provisions) Act 2008 now provides that where in any civil proceedings a relevant person (a party or witness) has a medical condition, an application may be made to the court by any party for an order prohibiting the publication or broadcast of any matter relating to the proceedings which would, or would be likely to, identify the relevant person as a person having that condition. The court shall grant the order under this section only if it is satisfied that the relevant person has a medical condition, his or her identification as a person with that condition would be likely to cause undue stress to him or her, and the order would not be prejudicial to the interests of justice.
http://www.irishstatutebook.ie/2008/en/act/pub/0014/sec0027.html

This section appears to be modelled on s.181 of the Criminal Justice Act 2006, which allows anonymity for witnesses in criminal cases who have a medical condition.
http://www.irishstatutebook.ie/2006/en/act/pub/0026/sec0181.html

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