Status of Children Act 1987

Supplementary provisions to section 35 .

36

36. (1) Rules of court may provide that any application for a declaration under section 35 of this Act shall contain such information as may be prescribed.

(2) Where any costs are incurred by the Attorney General in connection with any application for a declaration under section 35 of this Act, the Court may make such order as it considers just as to the payment of those costs by other parties to the proceedings.

(3) No proceedings on an application under section 35 of this Act shall affect any final judgment or decree already pronounced or made by any court of competent jurisdiction.

(4) On the hearing of an application under section 35 of this Act the Court may direct that the whole or any part of the proceedings shall be heard otherwise than in public, and an application for a direction under this subsection shall be so heard unless the Court otherwise directs.

(5) Where a declaration is made by the Court under section 35 of this Act, notification of that decision shall be given to an tArd-Chláraitheoir and shall be given in such manner as may be prescribed.

Annotations:

Modifications (not altering text):

C2

Application of section restricted (31.03.2005) by Civil Liability and Courts Act 2004 (31/1004), s. 40, S.I. No. 544 of 2004; as amended (1.08.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 31, S.I. No. 274 of 2008.

Proceedings heard otherwise than in public.

40.—...

(2) For the purposes of this section each of the following shall be a “relevant enactment”— ...

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

...

(3) Nothing contained in a relevant enactment shall operate to prohibit—

( a) the preparation by a barrister at law or a solicitor or a person falling within any other class of persons specified in regulations made by the Minister and publication of a report of proceedings to which the relevant enactment relates, or

( b) the publication of the decision of the court in such proceedings,

in accordance with rules of court, provided that the report or decision does not contain any information which would enable the parties to the proceedings or any child to which the proceedings relate to be identified and, accordingly, unless in the special circumstances of the matter the court, for reasons which shall be specified in the direction, otherwise directs, a person referred to in paragraph (a) may, for the purposes of preparing [such a report—

(i) attend the proceedings, and

(ii) have access to any relevant documents,

subject to any directions the court may give in that behalf. ]

(4) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from supplying copies of, or extracts from, orders made in the proceedings to such persons and in accordance with such conditions (if any) as may be prescribed by order of the Minister.

(5) Nothing contained in a relevant enactment shall operate to prohibit a party to proceedings to which the enactment relates from being accompanied, in such proceedings, in court by another person subject to the approval of the court and any directions it may give in that behalf.

(6) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the production of a document prepared for the purposes or in contemplation of such proceedings or given in evidence in such proceedings, to—

( a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or

( b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.

(7) Nothing contained in an enactment that prohibits proceedings to which the enactment relates from being heard in public shall operate to prohibit the giving of information or evidence given in such proceedings to—

( a) a body or other person when it, or he or she, is performing functions under any enactment consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter, or

( b) such body or other person as may be prescribed by order made by the Minister, when the body or person concerned is performing functions consisting of the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter as may be so prescribed.

(8) A court hearing proceedings under a relevant enactment shall, on its own motion or on the application of one of the parties to the proceedings, have discretion to order disclosure of documents, information or evidence connected with or arising in the course of the proceedings to third parties if such disclosure is required to protect the legitimate interests of a party or other person affected by the proceedings.

(9) A hearing, inquiry or investigation referred to in subsection (6) or (7) shall, in so far as it relates to a document referred to in subsection (6) or information or evidence referred to in subsection (7) , be conducted otherwise than in public and no such document, information or evidence shall be published.

(10) This section shall apply to proceedings brought, and decisions of a court made, whether before or after the commencement of this section.

[(11) In subsection (3), ‘relevant documents’, in relation to any proceedings referred to in that subsection—

( a) subject to paragraph ( b), means—

(i) the petition, summons or other originating document in the proceedings,

(ii) pleadings and other documents (including the terms of settlement, if any) produced to or lodged with the court, or included in the book of pleadings, in the course of the proceedings, and

(iii) any order made by the court in the proceedings,

( b) does not include any document the contents of which are expressed to be without prejudice or in terms having a like effect. ]

Editorial Notes:

E10

Section defined as “relevant enactment” by Civil Liability and Courts Act 2004 (31/2004), s. 39; as amended (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 4(b), S.I. No. 5 of 2014.