Frances Fitzgerald (Dublin Mid West, Fine Gael)

I thank the Deputy for his question on the in camera rule in the courts. This was clearly identified in the child death report as an issue and it was felt that there was a need for more transparency. I believe that there is scope for more transparency in regard to the private nature of court proceedings relating to child welfare and protection cases. We certainly need to put in place a mechanism to ensure that the learning from such cases is shared across the system while continuing to protect minors' interests and maintain anonymity. I have had discussions with the Minister, Deputy Shatter, on this and he will be bringing forward legislation in regard to the in camera rule.

There is a provision in the Child Care Act which permits me also to specify a class of persons to publish reports of proceedings under Part III, IV or VI of the Act, once I am satisfied that the publication of reports prepared in accordance with subsection (5)(a) by such persons is likely to provide information which will assist in the better operation of the Act, in particular in relation to the care and protection of children. There is a useful parallel under the Civil Liability and Courts Act 2004 which allows, subject to direction of the court, bona fide researchers and lawyers to attend hearings for the purpose of preparing anonymised reports on the proceedings and court decisions. That was the basis, as the Deputy will probably be aware, of the work that Dr. Carol Coulter did in this regard under the auspices of the Courts Service.

With this in mind it is my intention to bring forward regulations to allow for the reporting on child welfare and protection proceedings. The exact nature of those regulations will be informed by consultations with my Department, the other relevant Ministers, the Minister for Justice and Equality and the Courts Service. The date for introduction of any regulations will obviously be contingent on the outcome of those consultations. I am keen to progress this matter as quickly as possible.

Additional information not given on the floor of the House.

The Child Death Review Group maintains that keeping a shroud of secrecy around child care cases does not necessarily mean that the interests of minors are always protected as well as they can be, as practices which may need overhauling are shielded from scrutiny. If we are to truly commit ourselves to reform of child welfare and protection services, then this matter must be adequately addressed and it is my intention to do so, in consultation with the Minister for Justice and Equality.

See this speech in context