Tag Archives: Court of Appeal

This  afternoon.

Further to last week’s Court of Appeal ruling under section 252 of the 2001 Children Act (top) that a dead child cannot be identified, when someone is charged with killing them.

Meanwhile…

Yesterday.

Last week: Protecting Whom?

Mr Justice George Birmingham (top) said he appreciated the ruling under section 252 of the 2001 Children Act involved a ‘radical departure’ from what had been a long established

This afternoon.

The Court of Appeal has ruled under section 252 of the 2001 Children Act that a dead child cannot be identified, when someone is charged with killing them.

Via Orla O’Donnell of RTÉ News:

The ruling also means that the person charged with the child’s murder or manslaughter cannot be named if by doing so, the child would also be identified.

The ruling came in an appeal taken by RTÉ and other media outlets in the case of a woman who was found not guilty by reason of insanity of killing her three-year-old daughter.

Mr Justice George Birmingham said the language of the statute was clear and unequivocal.

It enjoyed the presumption of constitutionality and must be given effect to, he said.

The judge ruled that if change was required, it was a matter for the Oireachtas.

Meanwhile..

Mr Justice Birmingham acknowledged the outcome may not be a particularly welcome one.

You can say that again.

Mr Justice Birmingham acknowledged the outcome may not be a particularly welcome one.

Thanks.

Court of Appeal rules on not identifying dead child (RTÉ)

RollingNews

Hannah Komdwe (2) at a Direct provision protest outside Leinster House in 2014

Denying a mother of an Irish ‘citizen child’ living under Direct Provision child benefit is unconstitutional, the Court of Appeal ruled yesterday.

The court found the failure to treat ‘citizen children’ in Direct Provision equally breached Article 40.1 of the Constitution [Equality Before the Law].

The mother sought child benefit in October 2015 but was refused until she got residency status in January 2016.

Social Democrat co-leader Roisin Shorthall said

“This case highlights once more how the regime of direct provision for asylum-seekers is a form of institutional discrimination.

Direct provision was only ever intended as a short-term solution, but has turned into a national disgrace. Today’s ruling should be the final nail in the coffin for direct provision, and the government should now take steps to dismantle it.”

Non payment of benefit to Irish child (3) in direct provision unconstitutional (Irish Times)

Former Attorney General Máire Whelan becomes a Court of Appeal judge defying Fianna Fail’s request to consider her position.

There you go now.

Good times.

Via Páiric Gallagher