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Court Procedures

Dáil Éireann Debate, Tuesday - 11 December 2012

Tuesday, 11 December 2012

Questions (106)

Jonathan O'Brien

Question:

106. Deputy Jonathan O'Brien asked the Minister for Justice and Equality his plans to amend in camera rules for court hearings in family law cases; and the timeline in which he intends to complete same. [54473/12]

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Written answers

The Programme for Government includes a commitment to reform and modernise aspects of family law. In this regard on 31 October 2012 the Government approved my proposals for the preparation and enactment of a Courts Bill which amongst other matters will amend the in camera rule to allow press access to the courts in family law and child care proceedings subject to a strict prohibition on the publication of any material which would lead to the identification of the parties or children involved.

The purpose of the in camera rule which is long-standing is to protect the privacy of the parties concerned and to ensure that their anonymity and that of their children is preserved. However, the application of the in camera rule has meant that family cases and child care cases are not generally reported and the general public and even practitioners may not be aware of how the law, particularly in relation to children, is being operated and applied in the different courts before which such issues are heard. There is a public perception that undue secrecy is attached to the administration of this area of the law and that there is a lack of uniformity and consistency in the manner in which it is administered. The Bill, which is being drafted for publication in the current session, will make court proceedings in family law and child care cases more transparent.

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