Donna Lyons and Donal Lyons
This article considers the “right to identity” provisions in the Children and Family Relationships Act 2015 and their adequacy in guaranteeing to the donor-conceived child the right to access identifying donor information in this jurisdiction. The article presents the findings of a study conducted by the authors which investigates the perspectives of donor-conceived individuals on the importance or otherwise of access to identifying information prior to what is at present the legal age of maturity in Ireland. The principal research method used in this article is empirical in nature, with doctrinal research being drawn upon as a complement to the empirical research.
Prof. Steve Hedley
Vol 7 Issue 1 Case Note 1
This case concerned injuries suffered by a walker on the Wicklow Way, when she tripped and fell. She sued the National Parks and Wildlife Service (occupiers of that section of the Way), complaining of the trail’s condition at the point of her fall. Liability was established before Her Honour Judge Linnane in the Circuit Court, a judgment which attracted considerable attention in the press and on social media. That finding has now been reversed on appeal, by Mr. Justice White in the High Court.
Cross-examination is considered an integral aspect of the adversarial trial process and of the accused’s right to a fair trial. However, there has been insufficient attention in Ireland on the detrimental impact that it can have on the ability of vulnerable witnesses to give their best possible evidence. This article proposes that cross-examination should be reformed to better accommodate the unique needs of vulnerable witnesses. It outlines a working definition of who is a vulnerable witness and then demonstrates that, by analysing the Irish and European case law, the right to cross-examine does not prevent reform. Finally, it makes limited proposals for the reform of the manner in which cross-examination is conducted in Ireland.
Dr. Donna Lyons
This article considers the “right to identity” provisions in the Children and Family Relationships Act 2015 and their adequacy in guaranteeing to the donor-conceived child the right to access identifying donor information in this jurisdiction. The article engages in a comparative analysis of a number of key jurisdictions prohibiting donor anonymity, with reference to the relevant international law, for the purposes of exploring mechanisms through which Ireland might extend its current legislative protections for donor-conceived adults to donor-conceived children. The principal research method used in this article is doctrinal in nature, with empirical research being drawn upon as a complement to the doctrinal research.