Adoption cases at High Court adjourned pending protocol on media coverage

Protocol could be developed ‘uniquely attributable’ to adotion, says judge

Mr Justice Henry Abbott: initially considered placing an embargo on publication of all of yesterday’s proceedings. Photograph: Joe St Leger
Mr Justice Henry Abbott: initially considered placing an embargo on publication of all of yesterday’s proceedings. Photograph: Joe St Leger

Four cases taken by the Adoption Authority at the High Court were adjourned yesterday to give the authority time to work out a protocol to deal with the presence of the press.

In early January this year, the in camera (in private) rule that applied to all family law and childcare cases was relaxed to allow members of the press attend and report on cases. Reporting is strictly controlled to protect the anonymity of the parties involved. Journalists can be excluded from the court, or certain details opened to the court can be restricted from publication, if deemed necessary by the presiding judge.

Yesterday, the Adoption Authority of Ireland had four applications before Mr Justice Henry Abbott. The applications did not involve any other parties and only the legal team for the authority was present in court.


Instructions
Eilis Brennan said she had not had time to take proper instructions from the authority in relation to the presence of the media. She said she had some concerns and asked the judge to exclude the press from the court.

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Mr Justice Abbott noted the sensitive nature of adoption cases. He said there were issues to be considered in relation to the Courts and Civil Law (Miscellaneous Provisions) Act 2013, which allows for press coverage, and also in relation to the Adoption Act 2010, which requires some cases to be heard in private.

The judge said what happened in court in relation to adoption cases was very important “in public interest terms”. He suggested a protocol could be developed to deal with media presence “uniquely attributable” to adoption cases.


Embargo
Mr Justice Abbott initially considered placing an embargo on publication of all of yesterday's proceedings, but then agreed to allow restricted publication.

He said the court would adjourn the cases for the purposes of working out a protocol applicable to the 2013 Act “as it applies to adoption applications in particular”. This would be done “with a view to finalising at an early stage suitable protocols designed for adoption”, the judge said, to ensure the practical application of the 2013 Act “in relation to the sensitivities and additional legislative provision in the Adoption Act 2010”.

A date to hear the four cases will be set by the court next month.

Fiona Gartland

Fiona Gartland

Fiona Gartland is a crime writer and former Irish Times journalist