O'Callaghan announces reforms to 'in-camera' rule on court reporting

Justice minister O’Callaghan is hosting a major forum on the family justice system on Monday, where he will outline his plans for reforming specific elements of this system. Picture: Brian Lawless/PA

The 'in-camera' rule on court access and reporting is to be reformed under a major overhaul of the family justice system.

Justice Minister Jim O'Callaghan will today announce a range of measures and changes aimed at placing the child at the centre of of the family justice system.

As part of this, he is establishing a Family Law Reporting Project, which will cover cases usually held in private, as currently there is no comprehensive system in relation to orders that are made in court around guardianship, custody, and access cases; domestic violence, abuse and coercive control; judicial separation; and divorce cases.

"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 lacks transparency," Mr O'Callaghan said.

"The in-camera rule, and the limited exemptions to the rule, have restricted knowledge and understanding of how private family law justice is administered in practice."

Mr O’Callaghan is hosting a major forum on the family justice system on Monday, where he will outline his plans for reforming specific elements of this system.

The forum will hear from a UCC/Trinity College team which carried out a complete examination of the in-camera rule in Irish law, an international comparative review and findings from a public survey, and interviews with members of the judiciary and 18 focus groups.

The in-camera rule limits who can attend particular cases and what can be shared with others about these cases.

However, the lack of comprehensive legislation has meant it has been largely left to judges and the legal profession to define the inner and outer limits of the rule as it operates in areas such as childcare and family law proceedings, criminal law and company law, as well as special care cases.

The new Family Law Reporting Project will provide transparency for the public while ensuring that the in-camera rule is complied with and children’s and parents’ right to privacy is upheld. Mr O'Callaghan said: 

"Ensuring transparency and promoting a greater understanding in the family law system is critical to maintaining and building trust in it. 

The absence of scrutiny and public surveillance can lead to reduced standards and quality of service which a litigant is entitled to expect from legal practitioners.

"The starting point for any consideration of the in camera rule, whether in family law proceedings or otherwise, must be Article 34.1 of the Constitution that provides ‘Justice shall be administered in courts established by law by judges appointed in the manner provided by this constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public'."

"The predominant reason for this constitutional provision is to preserve public confidence in the administration of justice. If the public cannot see justice being administered in public, then suspicions and questions will unquestionably arise as to its impartiality. "

The minister is also encouraging the public to have their say in the development of new child maintenance guidelines, through an online survey which is open until the end of this week.

Similar guidelines act a calculator tool used in many other jurisdictions to help families identify an appropriate amount to support the upbringing of children where one parent does not live with the child or children.