29.—(1) Proceedings under F222[Part III, IV, IVA or VI] shall be heard otherwise than in public.

(2) The provisions of sections 33 (1), 33 (2) and 45 of the Judicial Separation and Family Law Reform Act, 1989, shall apply to proceedings under F222[Part III, IV, IVA or VI] as they apply to proceedings to which those provisions relate.

(3) The District Court and the Circuit Court on appeal from the District Court shall sit to hear and determine proceedings under Part III, IV or VI at a different place or at different times or on different days from those at or on which the ordinary sittings of the Court are held.

(4) Proceedings before the High Court in relation to proceedings under Part III, IV or VI shall be as informal as is practicable and consistent with the administration of justice.

F223[(5) Nothing contained in this section shall operate to prohibit—

(a) the preparation of a report of proceedings under F224[Part III, IV, IVA or VI] by—

(i) a barrister or a solicitor, F225[or]

(ii) F226[…]

(iii) a person falling within any other class of persons specified in regulations made under subsection (7) for the purposes of this subsection,

(b) the publication of a report prepared in accordance with paragraph (a), or

(c) the publication of the decision of any 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 F227[relevant documents],

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

F228[(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—

(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; and

(vii) whether information of the type referred to in subparagraphs (iii) and (vi) 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 referred to in subsection (1) 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—

"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.]]

F229[(5B) (a) Where the Minister is satisfied that the attendance by an officer of the Minister at proceedings referred to in subsection (1) will assist the Minister in—

(i) the performance of his or her functions pursuant to Part VA and any regulations made thereunder, including the promotion of high professional standards and good practice by guardians ad litem in the performance of their functions under this Act, or

(ii) the review of the operation of this Act, in particular in relation to the care and protection of children,

the Minister may grant an approval to the officer (in this subsection referred to as an "approved officer") for the purposes of such attendance.

(b) An approval under paragraph (a) shall specify—

(i) the name of the approved officer to whom it is granted,

(ii) the purpose for which it is granted,

(iii) the period for which it is valid,

(iv) the proceedings that the approved officer is permitted to attend,

(v) the purposes for which information, obtained by the approved officer in the course of his or her attendance at proceedings in accordance with subparagraph (iv), may be processed, which shall include the preparation of a report under paragraph (c)(iii) and the assistance of the Minister for a purpose referred to in paragraph (a),

(vi) without prejudice to any other requirement of the Data Protection Regulation or the Data Protection Act 2018, a requirement that personal data and special categories of personal data contained in information obtained, by the approved officer in the course of his or her attendance at proceedings in accordance with subparagraph (iv), shall be kept in such form that does not permit the identification of the parties to the proceedings or any child to whom the proceedings relate, and

(vii) such other matters as the Minister considers appropriate.

(c) Subject to any directions the court may give, nothing contained in this section shall operate to prohibit for the purposes specified in an approval—

(i) the attendance of an approved officer at proceedings referred to in subsection (1),

(ii) the access by such officer to any relevant documents of the proceedings referred to in subsection (1), and

(iii) the preparation by such officer of a report of the proceedings to assist the Minister for a purpose referred to in paragraph (a), provided that the report does not contain any information which would enable the parties to the proceedings or any child to whom the proceedings relate to be identified.

(d) In this subsection—

F230[…]

"proceedings" include proceedings commenced but not completed before the commencement of this subsection;

"special categories of personal data" has the same meaning as it has in the Data Protection Act 2018.]

(6) F231[…]

(7) The Minister may, after consultation with the Minister for Justice, Equality and Law Reform, make regulations specifying a class of persons for the purposes of subsection (5) if the Minister is satisfied that the publication of reports prepared in accordance with subsection (5)(a) by persons falling within that class is likely to provide information which will assist in the better operation of this Act, in particular in relation to the care and protection of children.

(8) Nothing contained in this section shall be construed to prejudice the generality of—

(a) any other provision of this Act (including this Act as amended by the Child Care (Amendment) Act 2007) or any thing which may be done under any such provision, or

(b) section 267(2) of the Children Act 2001.

(9) In subsection (5), "proceedings" include proceedings commenced but not completed before the commencement of that subsection.

F232[(10) In subsections (5) and (5B), "relevant documents", in relation to any proceedings referred to in those subsections, means any of the following documents (other than where the contents of any such document are expressed to be without prejudice or in terms having a like effect):

(a) the originating document in the proceedings;

(b) 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;

(c) reports prepared in the course of the proceedings or otherwise under this Act and produced to, or lodged with, the court including—

(i) a report prepared by the Child and Family Agency, and

(ii) a report furnished by a guardian ad litem under section 35E(2);

and

(d) any order, decision or judgment of the court in the proceedings.]