Written answers
Tuesday, 8 October 2024
Department of Justice and Equality
Court Procedures
Holly Cairns (Cork South West, Social Democrats)
Link to this: Individually | In context | Oireachtas source
359. To ask the Tánaiste and Minister for Justice and Equality if she intends removing the in camera rule; and if she will make a statement on the matter. [39935/24]
Holly Cairns (Cork South West, Social Democrats)
Link to this: Individually | In context | Oireachtas source
360. To ask the Tánaiste and Minister for Justice and Equality whether she intends introducing requirements for expert witnesses in court; and if she will make a statement on the matter. [39936/24]
Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source
I propose to take Questions Nos. 359 and 360 together.
As the Deputy is aware, my Department is leading an ambitious programme of family justice reform set out in the first Family Justice Strategy, which I published in November 2022.
The Strategy sets out a vision for a family justice system of the future - a system that will focus on the needs and rights of children and which will assist their parents in making decisions that affect all of the family.
The Plan outlines the steps needed to create a more efficient and user-friendly family court system that puts the family and children at the centre of its work. This will be achieved through the implementation of over 50 actions across nine goals, with timelines for delivery up to the end of 2025.
As the strategy was developed, my Department listened to and acknowledged the many issues and concerns about how the current system operates. The actions stress the centrality of children to many family justice matters, and the need to ensure their best interests are considered in conjunction with their constitutional rights.
Goal six of the strategy relates to Data and Information Management. The aim of this goal is to develop better ways to manage, collect and share information within the family justice system, maintaining privacy and dignity of users but allowing for better case management, statistical reporting and evidence based decision making. There are a number of actions under this goal, many relating to research.
A key action under this goal is to review the operation of the in-camera rule in family law proceedings. My Department issued a request for tender for this research and a contract has been signed with a research team led by UCC who have commenced the research which will be published upon completion.
The primary aims of the research are to:
- review the current operation of the in-camera rule in its entirety;
- analyse issues with the current operation, including but not limited to identifying the challenges and benefits of the law, and the statutory exceptions which permit research and reporting on cases; and
- make recommendations relating to reform of the law which can enhance clarity and transparency and offer the necessary protections for those involved in proceedings.
On 13 June 2024 I published a wide-ranging review of the role of expert reports in the family law process. This comprehensive review undertaken by my Department sets out 20 recommendations for reform.
The recommendations in the Review are ambitious and seek to address all of the issues raised in the Policy Paper on Parental Alienation and in the wide-ranging consultation carried out with stakeholders as part of the Review. When implemented, these recommendations will improve the quality of expert reports in family law proceedings and will standardise practises relating to how they are commissioned and by whom. Their implementation will ensure that our constitutional obligation to hear children’s views and that their best interests be the paramount consideration are truly fulfilled. They will contribute to a reformed family justice system which is user-focused, consistent and – most importantly – places children at its core.
Following on from the Review of the Role of Expert Reports in the Family Law Process, my Department is in the process of establishing a Voice of the Child Working Group to ensure children’s constitutional right to be heard in family law proceedings continues to be upheld. In addition to examining other ways in which the voice of children may be heard in family law proceedings and in alternative dispute resolution processes, the Group will also develop a Voice of the Child Report Template and work on establishing the Children’s Court Advocate Pilot Project – key recommendations in the Review.
Officials in my Department are also supporting a Judicial committee chaired by the Honourable Ms Justice Nuala Jackson. The Committee intends to develop a set of guidelines for the Judiciary in relation to the use of welfare reports in the private family law process.
No comments