Report Entitled Operation Of ‘In Camera’ Rule In Family Law Published.

Research report entitled “Operation of In Camera Rule in Family Law Proceedings” now published.

Today the Review of the Operation of the ‘In Camera’ Rule in Family Law proceedings was published. The review, latter a key action in the Family Justice Strategy, was conducted by a team from University College Cork and Trinity College Dublin.

Some types of court proceedings, including family law proceedings, are not open to members of the public; they are held in private; or what is often termed ‘in camera’, with restrictions placed on what can be reported. The intention behind this is to ensure the privacy of the parties in such proceedings and any children to whom those proceedings may relate.

This is being observed as an important piece of research which details the perspectives of many stakeholders regarding the current understanding and operation of the ‘in camera’ rule in family law proceedings. Importantly, it includes the views of those who have been parties in such proceedings, with the authors of this report being Dr Aisling Parkes, Dr Simone McCaughren and Dr Kenneth Burns.

Currently, the starting point for any consideration of the ‘in camera’ rule, whether in family law proceedings or otherwise, is Article 34.1 of the Constitution which provides that justice shall be administered in public, save such special and limited cases as may be prescribed by law.

The new report contains 21 recommendations in total, including:

1. The need to retitle the rule to ensure it is understood by all family court users.
2. That it is clearly and consistently defined.
3. That its operation does not impede parties accessing support outside Court.

The report also recommends that family law proceedings continue to be held in private, and that the privacy rights of children and parties to proceedings be maintained. It recommends that the Court should retain its discretion to lift the rule in cases where it is deemed to be in the interest of justice to do so.

The report also contains a number of recommendations to promote greater transparency, including that there should be a presumptive right for all journalists and other authorised members of the media who are members of the Irish Press Council and subscribe to its ethics and standards and/or those of Coimisiún na Meán (Media Commission) to attend family law proceedings.

It also recommends that a private family law reporting system be established.

Officials will now consider this report and revert by the end of this year with policy proposals for government consideration that will reform the ‘in camera’ rule.
In the coming weeks a tender is expected to be issued for the establishment of a Private Family Law Reporting Project.