Written answers

Wednesday, 7 November 2007

Department of Justice, Equality and Law Reform

Family Law Proceedings

9:00 pm

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
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Question 55: To ask the Minister for Justice, Equality and Law Reform if he will make changes to the in camera rule in Family Law Court cases; and if he will make a statement on the matter. [27326/07]

Photo of Dinny McGinleyDinny McGinley (Donegal South West, Fine Gael)
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Question 94: To ask the Minister for Justice, Equality and Law Reform if he will introduce changes to the in camera rule in Family Law Court proceedings; and if he will make a statement on the matter. [27447/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 55 and 94 together.

Recent policy in the law on the hearing in our courts of family law proceedings in private is reflected in section 40 of the Civil Liability and Courts Act 2004 and the regulations made under that section.

The Civil Liability and Courts Act 2004 (Section 40(3)) Regulations 2005 (S. I. No. 337 of 2005) allow certain classes of persons to attend family court sittings, subject to Ministerial approval, in order to draw up and publish reports. Ministerial approval is subject to certain safeguards including a requirement that the parties to a case or any relevant child would not be identifiable. Under this scheme, several persons engaged in family law research who were nominated by a body specified in the Schedule to S.I. No. 337 have been approved.

In 2006, the Courts Service introduced the Family Law Reporting Service on a pilot basis. The purpose of the pilot project was to provide much needed information on the family law area. The interim and final reports of the pilot project have provided valuable information on our family law system and I am pleased to note that the Courts Service has decided to continue the pilot reporting project for a further year. I am sure that the information gleaned from it, allied to other ongoing family law research, will continue to be highly informative in improving the public understanding of family law.

The Final Report of the Family Law Reporting Service was published just last week and raises several issues in respect of the family law system generally. I believe that it would be prudent for me to consider the issues raised in detail before making any decision as to whether further changes to the in camera rule in family law proceedings are required.

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