Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Question 47: To ask the Minister for Children and Youth Affairs if she will bring forward legislation to change the in camera rule regarding the reporting of child protection and welfare cases; and if she will make a statement on the matter. [33366/12]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Independent Child Death Review Group highlighted in its report what it considers to be the restrictive nature of the in camera rule and the fact that court proceedings relating to child welfare and protection cases are held in private. The Review Group called for a review of the operation of the rule.

I believe there is scope for more transparency in this area. We need to put in place a mechanism which will ensure that the learning from such cases is shared across the system in order to improve services, while continuing to protect minor's interests and maintain anonymity. This would also allow the public to gain some insight into how the child protection system operates.

With this in mind it is my intention to bring forward regulations to allow access to child welfare and protection proceedings for the purpose of reporting on such proceedings. I believe this can be achieved as long as it is approached sensitively and with due regard to the interests of those who are the subject of proceedings. I do not propose a full range of access to the media, but something more along the lines of Section 40 of the Civil Liability and Courts Act 2004, which gives access to a limited range of parties such as bona fide researchers and persons appointed by the Courts Service. The persons allowed to access the family courts under this provision can publish reports on the proceeding so long as the anonymity of the parties is maintained. The pioneering work of Dr Carol Coulter in reporting on family law matters provides an excellent template as to how to balance the right to privacy with the right to a fair, transparent and accountable system of justice.

The exact nature of the regulations, however, will be informed by consultations with my colleague the Minister for Justice and Equality and the Courts Service.