Written answers

Tuesday, 11 June 2013

Department of Justice and Equality

Legislative Programme

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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671. To ask the Minister for Justice and Equality when reforms of the in camera rule in family law cases will be considered; and if he will make a statement on the matter. [27239/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Earlier this year, I published the Courts Bill 2013 which proposes to modify the long-standing in camera rule which prevents members of the public, including the press, from being present in court when family law and child care proceedings are being heard.

The purpose of the in camera rule is to protect the identity of the parties and other persons, including children, to whom family law and child care proceedings relate. While the general principle is that justice be administered in public, the underlying concern is that family law proceedings relate to matters which are sensitive and private to the parties and there is no public interest in requiring that their identities be published.

The application of the in camera rule in relation to court hearing of family law and child care proceedings has given rise to a public perception that undue secrecy is attached to the administration of these areas of the law and that there is a lack of uniformity and consistency in the manner in which they are administered.

The proposal in the Bill is to retain the privacy provisions in respect of such court proceedings while allowing the attendance of bona fide representatives of the press. The courts will, however, retain the power to exclude representatives of the Press or restrict or prohibit the publication of evidence given in the proceedings in certain circumstances. In addition, a strict prohibition will apply on reporting of material likely to identify the parties to the proceedings or any children to whom the proceedings relate. The Bill aims to provide for a careful balancing of the need for privacy for persons involved in family law and child care proceedings with the need to ensure access to important information on the operation of family and child care law in our courts.

The Bill is currently before the Seanad and I hope to progress the Bill before the Oireachtas with a view to its enactment before the Summer recess.

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