Dáil Éireann Debate, Thursday - 11 December 2025
493. Deputy Conor Sheehan asked the Minister for Justice, Home Affairs and Migration the timeframe for implementation of the recommendations of the report into the review of the operation of the in camera rule in family law proceedings; and if he will make a statement on the matter. [71178/25]
View answer494. Deputy Conor Sheehan asked the Minister for Justice, Home Affairs and Migration his views on transparency orders under the family court reporting pilot, as introduced in England and Wales; if he has given consideration to introducing these in Ireland, notwithstanding that they were not included as a recommendation in the report into the review of the operation of the in camera rule in family law proceedings; and if he will make a statement on the matter. [71179/25]
View answerI propose to take Questions Nos. 493 and 494 together.
Ensuring transparency and promoting a greater understanding of the family law system is critical to maintaining and building trust in it. At the same time, those who seek the assistance of the Courts in resolving their family justice disputes need to be assured that their privacy, and that of their children, will be maintained at what can be very difficult times for them. In recognising the need for a balance between these two positions, the Family Justice Strategy committed to undertaking a review the operation of the in-camera rule in family law proceedings.
Further to this commitment, an independent research report was published in the operation of the rule in May 2025. The report contains 21 recommendations. These include the need to retitle the rule to ensure its purpose 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. A number of the recommendations also related to the promotion of greater transparency, while ensuring that the privacy of those seeking the court’s help, as well as any children about whom proceedings relate, is protected.
Officials from my Department are currently considering the findings and recommendations of the report in the context of development policy proposals for reform. Officials are also examining how family court proceedings operate in other jurisdictions, to see what can be learned from them. This includes developments in England and Wales such as the roll out of open reporting and Transparency Orders in Family Law proceedings.
It is important to note that, as the law currently stands in Ireland, section 40 of The Civil Liability and Courts Act 2004 explicitly permits solicitors, barristers, and individuals approved by the Minister for Justice, Home Affairs and Migration to attend and report on Family Law cases. Furthermore, under The Courts and Civil Law (Miscellaneous Provisions) Act 2013, members of the media can attend Family Law proceedings and report on what occurs, on an anonymised basis, when granted permission by the presiding judge. Those who are permitted to attend under the aforementioned provisions, are subjected to restrictions on what they may report, and this must be done on an anonymised basis to protect the identities of the parties involved.
My Department has also recently concluded a tender for a Private Family Law Reporting Project. The overall aim of the Project is to provide transparency for the public, while ensuring that children’s and parents’ rights to privacy are upheld. It will also increase awareness and understanding of family law proceedings, while building confidence and trust in the judicial determination of such disputes. Once established, it is expected that the project will run for three years.
Given that the privacy of all parties involved in-camera Family Law proceedings – and those who may be the subject of them, such as children – are an important consideration, any policy proposals developed will need to ensure this privacy continues. At the same time, such proposals will also consider how clarity can be provided regarding the scope of the rule and its impact for those involved in proceedings, and enhance understanding of family law proceedings across society.
