Minister Jim O’Callaghan hosts Family Justice Development Forum and outlines his intention to reform ‘in-camera’ rule in family law proceedings

Minister for Justice Jim O’Callaghan today (Monday. 28 April) hosted his first meeting of the Family Justice Development Forum, emphasising that ongoing reform of the Family Justice system, for the benefit of families and children, is one of his key priorities.

In a wide-ranging interview at the Forum with Ms. Sarah Benson, CEO of Women’s Aid, Minister O’Callaghan addressed a number of aspects of the ongoing reform process, key among which is the operation of the ‘in camera’ rule in family law proceedings.

The findings of a major research study conducted by UCC and TCD researchers commissioned by the Department of Justice were presented to the Forum today. The research included a complete examination of the in camera rule in Irish family law proceedings, an international comparative review, findings from a public survey, interviews with members of the judiciary and 18 focus groups.

The Minister thanked the research team behind the Review Report, which was an action in the Family Justice Strategy.

Minister O’Callaghan said:

“In my view, the current system can be restrictive and changes in this area will improve the perception of impartiality and objectivity. 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 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 can result in a lack of transparency.

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. Ensuring transparency and promoting a greater understanding of 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.

I am confident the research will be a catalyst for change in achieving a better balance between the need for a more transparent private family law system, while ensuring the privacy and safety of those who need to access it.

I expect to publish the final research report shortly and I have asked my officials to develop policy proposals by the end of the year.

Other key elements of the Strategy include implementing the recommendations of the Review of the Role of Expert Reports in the Family Law Process, including a project to trial a new way of hearing the voice of children in family law proceedings.

Minister O’Callaghan added:

“As an immediate response to the in-camera rule research I am pleased to announce my intention to establish a Private Family Law Reporting Project. My officials are currently developing a tender for the establishment of the Project and I expect it to go to market soon.

There is no comprehensive system in Ireland for regularly and systematically reporting on private family law proceedings. The overall aim of the Project is to provide transparency for the public while ensuring that children’s and parents’ right to privacy is upheld. It will serve to increase awareness and understanding of family law proceedings, while building confidence and trust in the judicial determination of family law disputes.’

The Minister also spoke about other aspects of the Family Justice Strategy, which aim to place children at the centre of the system and provide families with earlier, more appropriate solutions to their disputes.

Minister O’Callaghan said:

“My vision is for a family justice system that promotes a more efficient, less adversarial approach, greater use of mediation where appropriate, and access to clear, comprehensive and accessible information about relevant supports and services.”

“Above all, I want to see a system that places children at its centre. There is a constitutional requirement to hear the views of children in certain family law proceedings and I am determined to ensure that every child in such proceedings has the opportunity to realise that right. A lot of work is underway to implement the Strategy actions to reflect this.”

Another action centres on the ongoing consultation on the development of child maintenance guidelines, which are a 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/children.

Attendees at the Forum also provided their views on key aspects of the implementation plan for the Family Courts Act 2024, as committed to the Programme for Government.

Minister O’Callaghan noted:

“The Family Courts Act 2024 is a key component of the Family Justice and its passing last November marked an important milestone in the reform of our Family Justice system. Work has commenced on the implementation plan and the input from the Forum today will be particularly valuable to me and my officials as I work to deliver on this commitment.

“Further resourcing of the Courts is key to the implementation of the Family Courts Act. Indeed, the historic, ongoing work of my department to increase judicial resources has been motivated, in no small part, by the Act.

“2023 saw the appointment of an historic 24 additional judges, on foot of the recommendations of the Judicial Planning Working Group report in February 2023. The Programme for Government commits to appointing 20 additional judges within 12 months and to plan for further increases to meet growing demands and timely access to justice".

The Minister concluded:

“Overall, I would say that the ongoing implementation of the Family Justice Strategy is already having an impact on family justice reform. I am committed to full realisation of its vision and the publication of a successor plan, as outlined in the Programme for Government, to ensure that this reform continues.”

ENDS

Notes for Editors

• The first Family Justice Strategy was published in November 2022.
• Implementation of the strategy is being led by the Family Justice Implementation Group which comprises representatives of the Courts Service, the Department of Children, Equality, Disability, Integration and Youth, the Legal Aid Board, the Judiciary, and the County Registrars Association.
• The Strategy committed to the establishment of the Family Justice Development Forum, chaired by the Minister, which meets twice a year.
• The Forum is an opportunity to update all interested stakeholders on, and for them to directly engage with, the implementation process and key issues arising in the area of family justice.
• It is also an opportunity for the FJIG to engage with stakeholders on particular issues or pieces of work related to the actions outlined in the document.
• The consultation on the development of a set of child maintenance guidelines can be found at https://justiceiresurveys.qualtrics.com/jfe/form/SV_07KpbPH2b0vM98O. The consultation closes on Friday 2 May.