Kathleen O'Meara (Labour)

This section relates to the in camera rule and proceedings being held in public. The legislation does not address the procedural inability of courts to order disclosure of certain aspects of family law proceedings and related documents in the interests of the parties or others affected, for example, children, nor does it enable witnesses or others with relevant information to disclose this to relevant agencies or persons if it is in the interest of a child without a court application, for which they will, in many cases, have no locus standi. I am advised by lawyers that there is case law and court decisions with regard to the need for disclosure. It can also arise for the protection of children by the notification of gardaí, the health board, the school or other agencies or people who are responsible for their welfare.

We need to examine this section carefully, particularly before we complete Committee Stage. We are proceeding directly to Report Stage but I ask the Minister to look again at this section.