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Amendment of section 31 of Act of 2020
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91. Section 31 of the Act of 2020 is amended—
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(a) in subsection (5), by the substitution of “hearing or in person” for “hearing”,
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(b) by the insertion of the following subsections after subsection (5):
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“(5A) A person who, in relation to a relevant hearing—
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(a) with the intention of frustrating the participation by a person in the relevant hearing, interferes with or obstructs the electronic communications technology employed in the relevant hearing, or
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(b) makes, without the permission of the designated body that holds the relevant hearing, any recording of the relevant hearing,
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shall be guilty of an offence and shall be liable—
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(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or
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(ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years, or both.
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(5B) Proceedings for an offence—
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(a) under subsection (5A), or
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(b) committed, whether under subsection (5A) or otherwise, by a person in connection with his or her participation by remote hearing in the relevant hearing, may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.”,
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and
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(c) in subsection (6), by the insertion of the following definition:
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“‘relevant hearing’ means a hearing that, by virtue of the application to it of subsection (1), is held by remote hearing;”.
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