I propose to take Questions Nos. 236, 237, 239 and 240 together.
My Department is continuing to implement the Family Justice Strategy 2022-2025, the ambitious programme of reform which sets out a vision for a system refocused on the needs and rights of children, who are central to many family justice matters. The actions within the Strategy are aimed at ensuring the family justice system works better for all those engaged with it.
Ensuring transparency and promoting a greater understanding of the family law system is critical to maintaining and building trust in it. One of the nine goals in the Family Justice Strategy is to focus on 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.
The Department of Justice issued a request for tender for research on this issue and a research team led by UCC undertook the review.
The primary aims of the research were to:
• review the current operation of the in-camera rule in its entirety;
• analyse issues with the current operation, including but not limited to identifying the challenges and benefits of the law, and the statutory exceptions which permit research and reporting on cases; and
• make recommendations relating to reform of the law which can enhance clarity and transparency and offer the necessary protections for those involved in proceedings.
I am confident that this 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.
As part of the research, a National Online Survey was conducted by the research team. Some 300 responses were received from individuals with experience of private family law or childcare proceedings in Ireland. In addition, 13 judges took part in the semi-structured interviews, and 18 focus groups were conducted with professionals, services and civil society groups. The findings from these are outlined in the research report.
The research report has now been submitted to my office and has since been published on Gov.ie. The report contains 21 recommendations 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 contains a number of recommendations to promote greater transparency, along with a strong training strategy. Officials within my Department are working to develop policy proposals in relation to the in camera rule by the end of 2025.
In response to the in-camera rule research, I intend to establish a Private Family Law Reporting Project. 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. Department officials are currently developing a tender for the establishment of the Project and I expect it to go to market soon.