An application by RTÉ to lift restrictions on naming an 11-year-old boy who was murdered by his uncle, has been adjourned by the Central Criminal Court until Monday.
The application was made in light of a change in the law relating to children who have died violently.
The mother of the boy had said she wanted to be able to name her child publicly and wanted his name and his legacy to be there "for all the world to see and hear".
However, the Central Criminal Court imposed restrictions on naming him or his killer following an Appeal Court ruling in October 2020.
The Appeal Court found that a restriction on identifying children, who were victims of crimes where criminal proceedings had begun, applied to living and to dead children.
The law has now been changed to remove the restriction on naming dead children except in certain exceptional circumstances. But in cases where specific orders remain, applications have to be made to lift those orders.
RTÉ first applied for the order to be lifted in this case yesterday, but Mr Justice Paul McDermott asked for the DPP and the convicted man to be put on notice.
This morning, before Mr Justice Paul Coffey, counsel for the convicted man, said she had not had a chance to take instructions from him but had not been able to identify any legal objection on which she could argue against lifting the order.
A solicitor for the office of the Director of Public Prosecutions, said the senior counsel in the case was not available.
Despite a suggestion from the judge that the application was "irresistible", the solicitor said she would like senior counsel to be present in court.
Mr Justice Coffey said as it was the first application of its kind, he would adjourn it until Monday to allow lawyers for the man to take instructions and to allow the DPP's senior counsel to be present.
We need your consent to load this rte-player contentWe use rte-player to manage extra content that can set cookies on your device and collect data about your activity. Please review their details and accept them to load the content.Manage Preferences
The Appeal Court's decision in the case of a woman who was found not guilty by reason of insanity of the murder of her three year old daughter, meant other children who had been killed, including 14-year-old Ana Kriégel, could not be named publicly.
The law was changed following co-operation between Minister for Justice Helen McEntee, Fianna Fáil TD Jim O’Callaghan and Senator Michael McDowell.
It was signed by Minister McEntee before she went on maternity leave and came into effect today.
Acting Minister for Justice Heather Humphreys said the consequences of the appeal court ruling had been devastating for parents who wished to remember their children in public and to speak about their loss.
She said they had also been difficult for those who were victims of crime as a child and who were constrained from naming their abuser publicly. She said she hoped this important legislation gave some comfort to all those affected by the ruling.