Jim O'Callaghan

Jim O’Callaghan yesterday hosted his first meeting of the Family Justice Development Forum, where the findings of a major research study on the in camera rule were presented.

Researchers from UCC and TCD were commissioned by the Department of Justice to carry out a complete examination of the in camera rule in Irish family law proceedings, including an international comparative review, a public survey, interviews with members of the judiciary and 18 separate focus groups.

Mr O’Callaghan thanked the research team behind the review report and reflected on its findings in a wide-ranging interview with Sarah Benson, CEO of Women’s Aid, during the forum proceedings.

The minister said: “In my view, the current system can be restrictive and changes in this area will improve the perception of impartiality and objectivity.”

He quoted Article 34.1 of the Constitution, which states: “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.”

Mr O’Callaghan said: “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.”

He said the rule and its “limited exceptions” had “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,” he said.

“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.”

As an “immediate response” to the report, Mr O’Callaghan has announced plans 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,” he told the forum.

“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.”

Mr O’Callaghan also spoke about other aspects of the government’s family justice strategy, including work to implement the recommendations of an earlier review on the role of expert reports in the family law process.

He 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.”