The Law Reform Commission will recommend changes to rules protecting the anonymity of people before the courts, when it launches its consultation paper on the reform of the courts Acts this evening.
It is also calling for submissions on whether family law cases should become more open to the public.
In the paper to be launched by Minister for Justice Brian Lenihan, the commission points out that judges do not have jurisdiction to hear certain cases in private at their discretion "even where the needs of the parties dictate that justice will not be met if the case is heard in public".
Under article 34.1 of the Constitution, courts must hear all cases in public, apart from those prescribed by law, such as family law cases.
The commission paper points to the case taken by the late Bridget McCole against the Irish Blood Transfusion Service Board after she contracted hepatitis C from contaminated blood products. Ms McCole had asked if she could use an alias because she would be socially ostracised and discriminated against if it became publicly known that she had hepatitis C.
However, Ms Justice Mary Laffoy rejected her claim on the basis that members of the public would not see for themselves that justice had been done if her true identity was concealed.
It also refers to the recent case which involved a dispute between a separated couple over ownership of frozen embryos and consent for their use.
The woman's counsel had asked Mr Justice Brian McGovern to request that the media not identify the parties because of their two children and the private nature of the case. However, he could not make an order as the court had no such jurisdiction. Mr Justice McGovern asked the media to exercise sensitivity but some publications printed the couple's names and photographs.
The commission paper says it "believes it necessary in the interests of justice for a more general rule protecting the anonymity of parties to be provided for exceptional cases that are currently outside the ambit of the in camera [heard in private] rule where the needs of justice dictate that the parties not be identified".
It suggests that judges be given the discretion to apply the in camera rule and that the media and public be allowed to attend, while protecting the parties' anonymity in court reports.
The commission notes that other countries are increasingly seeing the benefits of allowing anonymous judgments regarding children to be made available to the public "in order for much needed public scrutiny to take place".
"The commission welcomes submissions on whether the area of family law should become more open to the public."
The commission paper also highlights "the apparent willingness to allow the dissemination of highly sensitive information in company law cases" and says this is difficult to reconcile with the way family law cases are handled.
The Law Reform Commission's consultation paper was produced as part of a project with the Courts Service and the Department of Justice to consolidate the text of about 80 courts Acts.
Since 1922, almost 60 courts Acts have been enacted by the Oireachtas, but they have never been completely consolidated.
Almost 20 pre-1922 Acts also remain on the statute book and most of these also require updating.
