Clare Daly (Dublin Fingal, Independent)
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98. To ask the Minister for Justice and Equality her plans to reform legislation such that persons who are unhappy with the professional conduct of psychologists, psychotherapists or psychiatrists during the compiling of a section 47 report can have their complaints investigated by the relevant accrediting bodies in view of the fact that accrediting bodies currently refuse to investigate such complaints, citing the Judicial Separation and Family Law Reform Act 1989. [2609/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am assuming that the Deputy is referring to section 34 of the Judicial Separation and Family Law Reform Act 1989 which provides that proceedings under that Act shall be heard otherwise than in public. The purpose of the in camerarule in family law proceedings is to protect the identity of the parties and any child to whom the proceedings relate. While the general principleas set out in Bunreacht na hÉireannis 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 in camerarule offers protection to children and other family members from the publication or broadcasting of information relating to them which would affect the anonymity of the parties or any child concerned.

Section 40 of the Civil Liability and Courts Act 2004 clarifies the position with regard to the in camerarule and the carrying out of hearings, inquiries and investigations by bodies or persons who are doing so in accordance with their statutory functions. Section 40(6) allows documents prepared for or given in evidence in family law proceedings to be produced to bodies or persons carrying out statutory functions involving the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter. Section 40(7) allows information or evidence given in family law proceedings to be given to bodies or persons carrying out statutory functions involving the conducting of a hearing, inquiry or investigation in relation to, or adjudicating on, any matter. Section 40(9) provides that such a hearing, inquiry or investigation shall be conducted otherwise than in public, in so far as it involves documents, information or evidence provided under section 40(6) or 40(7), and the documents, information and evidence shall not be published.

As section 40 of the Civil Liability and Courts Act 2004 ensures that regulatory bodies carrying out their statutory functions can access documents, information or evidence relating to family law proceedings where necessary for the purpose of conducting hearings, inquiries and investigations, I do not believe that further legislation in this area is needed at this time.

With regard to the specific matter raised by the Deputy regarding investigation of complaints into the professional conduct of psychologists, psychotherapists and psychiatrists who prepare reports under section 47 of the Family Law Act 1995, these are policy matters for the Department of Health which has provided me with the following response:

"A complaint can be made to a regulatory body for investigation under Fitness to Practice in the case of a regulated health profession such as a medical practitioner, a nurse, a dentist, pharmacist and a number of designated health and social care professions. In the case of a psychiatrist, the Medical Council is the appropriate regulatory body. Psychologists, one of 14 professions designated for regulation under the Health and Social Care Professionals Act 2005, are not regulated as of yet. Once regulated, the Health and Social Care Professionals Council (CORU) will be the appropriate body to which a complaint can be made. Consideration is currently being given to a proposal to designate counsellors and psychotherapists for regulation under the Health and Social Care Professionals Act 2005 but work is at an early stage."