Minister for Justice Jim O’Callaghan publishes Research Report entitled The Operation of the In Camera Rule in Family Law Proceedings

Today, the Minister for Justice Jim O’Callaghan has published the Review of the Operation of the In Camera Rule in Family Law Proceedings. The review, 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 relate.

Publishing the Report, Minister O’Callaghan said:

“This is 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. I would like to thank the authors of the report, Dr Aisling Parkes, Dr Simone McCaughren and Dr Kenneth Burns, for their expertise in bringing this report to fruition. Most importantly, I would like to express my gratitude to all the research participants who contributed their experiences and insights, which added to the richness of the report’s findings.”

Commenting on the operation of the in camera rule the Minister noted:

“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 public, save such special and limited cases as may be prescribed by law.

“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, as the research notes, it limits transparency.”

The report contains 21 recommendations in total, including:

• the need to retitle the rule to ensure it is understood by all family court users;
• that it is clearly and consistently defined;
• and 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 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 to attend family law proceedings. It also recommends that a private family law reporting system be established.

Minister O’Callaghan continued:

“Continued reform of the Family Justice system, for the benefit of families and children, is one of my priorities as Minister. Creating greater public understanding of family justice, while continuing to protect the privacy of those involved, is an important aspect of this. The Report I am publishing today makes a significant contribution to that work.

“I have asked my officials to now consider this report and revert by the end of this year with policy proposals for my consideration that will reform the in camera rule. My department is also finalising the tender for the establishment of the Private Family Law Reporting Project, which will be issued in the coming weeks.”

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. However, during the consultation undertaken for the development of the Family Justice Strategy it was noted that some participants were of the view that the operation of the in camera rule has had an adverse effect on transparency in family law proceedings. It was also clear that a lack of clarity prevailed around what information could be shared and in what context, across different court jurisdictions and different types of court proceedings, including private family law, public childcare law and criminal law proceedings.

The Family Justice Strategy, published in November 2022, sets out a vision for a coordinated, consistent and user-focused family justice system, which helps children and families obtain earlier, appropriate resolutions in a simpler, fairer, and more effective way. Goal six of the Family Justice Strategy, Data Information and Management, commits to improving data collection and sharing. A key action under this goal is to review the operation of the in camera rule in family law proceedings.

In December 2023, the Department of Justice issued a request for tender for research on the in camera rule. The tender was awarded to a research team comprised of academics from University College Cork and Trinity College Dublin. The research report, which is being published today, examines the in camera rule in Irish law and outlines the findings from an international comparative review and the extensive primary research conducted by the research team.

Overview of the Report

The aim of the research tender was to build on and add to existing research to provide a strong evidence base for future policy and legislative changes in this area. The research report outlines the development of Irish legislation and case law regarding the rule in public and private family law proceedings, as well as examining the rule in other types of legal proceedings.

As part of the research, an international comparative review was conducted of jurisdictions with both open and closed systems. The study examined Australia, New Zealand, England & Wales, and Sweden to assess how transparency in family law works in those jurisdictions.

A National Online Survey was also conducted by the research team. 300 responses were received from individuals with experience of private family law or childcare proceedings in Ireland. 13 judges took part in the semi-structured interviews, and 18 focus groups were conducted with professionals, services and civil society groups.

Having considered the findings of the research and the review of existing case law and international experience, the report sets out 21 recommendations overall, including that retention of the in camera rule, accompanied by comprehensive reform and clarification to be provided for in primary legislation, along with a strong communication and training strategy.

The report can be found here: The Operation of the In Camera Rule in Family Law Proceedings.

Proposal for a Family Law Reporting Project

At present, there is no comprehensive system for regularly reporting on private family law proceedings in relation to the orders being made. Proceedings are heard in-camera, and while the press can attend and report on the proceedings without identifying the parties, reporting can be infrequent.

While family law decisions in the High Court, Court of Appeal and Supreme Court are often anonymised and published, this is generally not the case with decisions of the District and Circuit Courts; the production of written judgments in these jurisdictions can be challenging due to the volume of cases being heard and the time allocated to each case. The result, however, is that there is no public record of those decisions.

Accordingly, the overall aim of the establishment of the Project is to 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. It will serve to increase awareness and understanding of family law proceedings, with the aim of furthering public understanding and confidence in the judicial determination of family law disputes.