Dáil Éireann Debate, Thursday - 24 November 2022
295. Deputy Bernard J. Durkan asked the Minister for Justice if her attention has been drawn to the use of the in-camera rule in family law proceedings as a means of enabling the procedure of what is known as family alienation which is strongly contested by modern contemporary practitioners to influence the outcome in a misogynistic way; and if she will make a statement on the matter. [58683/22]
Amharc ar fhreagraI have no role in the making of court orders in relation to family law proceedings. 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 purpose of the in-camera rule in family law 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 the Constitution 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 the identities of the parties be published.
The in-camera rule offers protection to 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 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. The Civil Liability and Courts Act 2004 allows for the preparation and publication of reports of family law proceedings by a barrister or solicitor or a person specified in regulations while continuing to respect the confidential nature of family law cases. As the Deputy is aware, I am determined to overhaul the operation of the family justice system, to ensure that it is more user-friendly and – where possible – less adversarial, leading to the development of a system that puts children and families at the centre of its work. This is a key commitment in my Justice Plan 2022. The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated family court within the existing courts structure and provide for court procedures that support a faster and less adversarial resolution of disputes. Last week I published the first National Family Justice Strategy and secured Government approval for the Family Court Bill 2022, which will be published in the coming days.The Family Court Bill will provide many of the building blocks essential to the reform of the family justice system. The Bill will create new dedicated Family Courts as divisions within the existing court structures, with Family Court judges assigned on a full-time basis. The Strategy has nine goals and over 50 actions, which recognises that much needs to be done to improve the current system. In particular, the Strategy recognises the importance of putting children at the centre of family justice in matters which affect them, and adequately hearing their voice in the family justice system. The Strategy is foundational in nature, recognising the many issues that currently exist with the system and the steps needed to begin its much-needed reform. Amongst the actions in the Family Justice Strategy is the examination of the role of expert reports in the family law process and the proposal of recommendations regarding their future application and function. This action will consider the commissioning and availability of these reports, including their content and future use. The work on this action is due to commence mid-2023 and will be led by my Department, working closely with the Department of Children, Equality, Disability, Integration and Youth. Engagement with the judiciary will also be required. Further action will involve the commissioning of research to examine the in-camera rule, including reviewing its current operation. Again, this action will be led by my Department and is due to commence at the beginning of next year. It is envisaged that the recommendations arising from these examinations will enable the system to clearly hear the voice of children, to ensure that they are supported in their own right and that their safety, security and best interests are paramount.
