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Changes to in camera rule ‘critical’ – minister

The Minister for Justice has outlined plans to change the in camera rule that restricts public access to family-law proceedings.

Jim O’Callaghan said that ensuring transparency and promoting a greater understanding of the family-law system was “critical” to maintaining and building trust in it.

The minister was speaking during an interview held at the first meeting of the Family Justice Development Forum, which he hosted yesterday (28 April).

He told the event that he had asked his officials to develop policy proposals on the issue “by the end of the year”.

Research

The forum included a presentation on the findings of a research study conducted by UCC and TCD researchers, commissioned by the Department of Justice.

The research included a complete examination of the in camera rule in Irish family-law proceedings, an international comparative review, along with findings from a public survey, interviews with members of the judiciary, and 18 focus groups.

The minister said that he expected to publish the final research report “shortly”.

Rule ‘restricts understanding’

“The in camera rule is an important rule that guides the operation of the family courts by restricting disclosure of the identity of the litigants. It protects privacy, but it can result in a lack of transparency,” Minister O’Callaghan stated.

He added that the rule, and its limited exemptions, had restricted knowledge and understanding of how private family-law justice was administered in practice.

“The absence of scrutiny and public surveillance can lead to reduced standards and quality of service that a litigant is entitled to expect from legal practitioners,” the minister stated.

Family-law reporting project

Minister O’Callaghan also announced plans to set up a project to report on private family-law proceedings, adding that officials in his department were currently developing a tender for the project.

He said that the aim was to provide transparency for the public, while ensuring that children’s and parents’ right to privacy was upheld.

“It will serve to increase awareness and understanding of family law proceedings, while building confidence and trust in the judicial determination of family-law disputes,” he added.

The minister also told the forum that work had begun on an implementation plan for the Family Courts Act 2024, which was passed last November.