Written answers

Wednesday, 19 March 2025

Department of Justice and Equality

Family Law Cases

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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1142. To ask the Tánaiste and Minister for Justice and Equality if he is aware of cases where the in-camera rule has been applied in a manner that restricts parents from raising legitimate concerns about the welfare of their children in high-conflict custody disputes; and the measures his Department is considering to ensure the rule is not misused in ways that reduce transparency and access to justice. [11599/25]

Photo of Ruth CoppingerRuth Coppinger (Dublin West, Solidarity)
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1154. To ask the Tánaiste and Minister for Justice and Equality if he will review the in-camera rule in family law in light of the issues around accountability raised by survivors (details supplied); and if he will make a statement on the matter. [11679/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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I propose to take Questions Nos. 1142 and 1154 together.

While the general principle, as set out in the Constitution, is that justice be administered in public, the underlying concern over time has been to protect the identity of the parties and any child to whom family law proceedings relate, given the sensitivity of the matters they can involve. Hence these proceedings are held otherwise than in public, or 'in camera'.

Since 2013 legislative changes have allowed bona fide representatives of the press to be present in court during family law proceedings and to report on such proceedings, according to strict conditions. The courts retain the power to exclude representatives of the press, or to restrict reporting in certain circumstances. The Court is permitted to make an order excluding members of the press entirely, or prohibiting or restricting the publication or broadcasting of evidence given during the proceedings, where it considers such an order necessary:

(i) to preserve the anonymity of the parties or any child to the proceedings;

(ii) by reason of the nature or circumstance of the case; or

(iii) as it may be otherwise necessary in the interests of justice.

The law also permits attendance at family law proceedings by researchers engaged in family law research who are from certain higher education institutions and other research bodies, with the approval of the Minister for Justice, in order to draw up and publish reports on general trends and information relating to family law cases.

Informed by extensive consultation including the experiences of those who have been involved in family law proceedings, the Family Justice Strategy contains a number of actions to increase transparency and make the system more understandable, while at the same time maintain the dignity and privacy of users. This includes undertaking a review of the in camera rule. This review was commissioned and is being undertaken by a research team led by academics in UCC.

The primary aims of the research include:

  • reviewing the current operation of the in-camera rule in its entirety;
  • analysing 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
  • to make recommendations relating to reform of the law which can enhance clarity and transparency and offer the necessary protections for those involved in proceedings.
This is an important piece of work to help create a more transparent private family law system, while ensuring the privacy and safety of those who need to access it. The final report is expected to be submitted in the coming weeks. Once received, I will consider the report, along with approaches in other jurisdictions including recent developments in England and Wales, in developing proposals for reform.

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