IPAS court reporting restrictions should be reviewed, says Kerry councillor

By Alastair Tibbs, The Kerryman

A Kerry councillor has called for a review of the law preventing the identity of International Protection Applicants from being published in the media.

Councillor Martin Grady said there were sound reasons for protecting someone’s identity but argued that reporting restrictions should operate consistently across the board.

Section 26 of the International Protection Act 2015 provides important confidentiality protections for people who apply for international protection.

It prohibits the publication or broadcast of information likely to identify a person as an International Protection Applicant (IPA) without their consent.

At a recent Kerry County Council meeting, Cllr Grady said he recognised the importance of keeping IPAs safe but argued that if a person is charged with a criminal offence, normal reporting restrictions should generally apply.

“What I am asking is whether the law strikes the correct balance when an applicant becomes involved in separate criminal proceedings,” said Cllr Grady.

“This is particularly important from the perspective of public confidence. The public should be able to understand that the law applies consistently”.

He called on Kerry County Council to write to the Minister for Justice to request a review of the provision and ask if a balance could be considered instead, weighing up potential safety concerns with public interest in the publication of their identity.

“This is about getting the balance right: protecting genuine confidentiality where it is required, respecting due process and the presumption of innocence, while ensuring consistency, transparency and public confidence in the administration of justice,” he said.