The Cabinet has approved a proposal to amend Section 252 of the Children Act 2001, supporting the Children (Amendment) Bill 2020.
The proposal will allow parents to publicly name their child and permit the "identification of the person accused of the murder/manslaughter of the child," according to the Department of Justice.
The issue arose following a decision by the Court of Appeal last October. It ruled an unintended consequence of the Children Act was that a child who was unlawfully killed could not be identified. By extension, it granted anonymity to the person accused or convicted.
The ruling prevented some parents from speaking publicly about their child if he or she had been unlawfully killed.
Minister for Justice Helen McEntee said once the issue was brought to her attention, the Department began work on finding the "most expeditious" way of addressing the matter.
"The profoundly negative impact the ruling is having on grieving parents, unable to remember their deceased children’s names or legacies in public, is very clear to me," Ms McEntee said.
"I am determined to work to change this as quickly as possible and to give parents back their voice, so they can speak publicly about how they want their children to be remembered. This is only right and it is only fair."
Following the approval by the Cabinet, the Government will now propose amendments to the Bill, with the Department highlighting the importance that any amendments "do no give rise to any unintended consequences that might impact on the protection afforded by the Act to child witnesses or other child victims in the criminal justice process".
The Department confirmed, "in light of the urgency of this matter", the Bill will be taken in Government time in the Seanad in the coming weeks "with a view to its enactment as soon as possible".
