Dáil Éireann Debate, Tuesday - 17 April 2018
62. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality his views on the difficulties many unmarried fathers are facing with the in camera rule and the need to resolve these issues; and if he will make a statement on the matter. [16443/18]
View answerThe purpose of the in camera rule in family law and child care proceedings is to protect the identity of the parties and any child to whom the proceedings relate. While the general principle as set out in Bunreacht na hÉireann is 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 camera rule offers protection to 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.
The in camera rule was modified by Part 2 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 to allow bona fide members of the press to be present in court during family law and child care proceedings and to report on such proceedings subject to strict conditions. This reform of the in camera rule was made to enable the media, researchers and legal professionals to gain access to valuable information on the operation of the law in this area. There has been increased coverage of family law proceedings in print and other media but with appropriate protection of the identities of individuals involved.
An important safeguard in this regard is section 40A of the Civil Liability and Courts Act 2004 which makes it an offence to publish or broadcast any information which would be likely to lead members of the public to identify the parties to family law proceedings or any children to whom the proceedings relate.
I am aware of concerns that some unmarried fathers feel that they have been given unfair hearings and cannot articulate this because of the in camera rule. I have no role in the making of court orders in relation to family law issues. This is a function of the courts, which are, subject to the Constitution and the law, independent in the performance of their functions. Where a party to family law proceedings is dissatisfied with the outcome of the proceedings, it is open to that party to appeal the decision. The in camera rule does not prevent the judiciary from relying on judgments in previous relevant family law cases as precedents.
As the Deputy will be aware, the Judicial Council Bill 2017, which was published in June 2017 and which is currently awaiting Committee State in Seanad Éireann, will establish a Judicial Council to promote excellence in the exercise by judges of their judicial functions and high standards of conduct among judges. A Judicial Conduct Committee established under the Bill will have a central role in considering complaints against judges and referring them either for resolution by informal means or for formal investigation. The Judicial Council Bill does not preclude the consideration of an otherwise admissible complaint because the relevant proceedings have been held in camera.
