Dáil Éireann Debate, Thursday - 11 July 2024
285. Deputy Thomas Pringle asked the Minister for Justice what circumstances are envisaged when applying for an order of anonymity in a court case; when it has been used in the past; who it is intended to protect; if the defence team should be informed of the intention to apply; and if she will make a statement on the matter. [30613/24]
View answerAs the Deputy will be aware, the overarching principle of criminal justice is that the defendant must receive a fair trial, with the default position being that a person should know the identity of the witness testifying against them. However, both our domestic courts and the European Court of Human Rights have recognised that, in certain circumstances, and where it does not compromise the fairness of the trial, it may be permissible to withhold a witness's identity.
While the Irish courts have, so far, addressed the matter of witness anonymity on a case-by-case basis, section 55 of the Criminal Justice (Miscellaneous Provisions) Act 2023 now provides a clear legislative framework for determining when, and under what conditions, such measures may be granted. Witness anonymity will only arise in certain specific, limited circumstances, such as where it is necessary to protect the identity of law enforcement officials involved in ongoing covert investigations, or to ensure the safety of a particular witness. An application may be made by either the prosecution, or the defence, and the court will give every party an opportunity to be heard in relation to the application.
Appropriate safeguards and other factors that must be considered in deciding whether to order such measures are set out in the legislative provision, which has been carefully drafted to balance the need to protect witnesses and the public interest, while ensuring that the defendant receives a fair trial.
It is my intention to bring section 55 of the 2023 Act into operation in the near future.
