In Camera Rule Report published by Minister for Justice Jim O’Callaghan

Posted on: 22 May 2025

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.”

Simone Mc Caughren, Trinity; Minister for Justice Jim O’Callaghan;  Kenneth Burns, UCC; and Aisling Parkes, UCC

Dr Simone McCaughren, School of Social Work and Social Policy, Trinity, one of the co-authors of the study, said: “The family law system has been plagued by secrecy, misinformation and a lack of clarity as a result of the in camera rule. The importance of our research study is that, for the first time in Ireland, the public will get a real insight into some of the hidden aspects of the family law system.

"The overwhelming volume of material people provided to us in the survey uncovered some particularly problematic interpretations of the rule that have resulted in the rights of individuals, both adults and children being undermined. It exposed the many different interpretations given to the in camera rule that has resulted in people feeling silenced and gagged by the family law system.  An unintended consequence of this rule means that some people feel they cannot seek support during one of the most critical points in their lives.  This research has given a strong message that people, who are left with no option but to seek legal assistance for complex family issues, should not be rendered voiceless”.

Dr Aisling Parkes, School of Law, UCC, and Principal Investigator of the study, said: “This interdisciplinary study is the first of its kind to shed light on the operation of the in camera rule in family law proceedings with important contributions from members of the public, the judiciary and professionals who work within the system.

"What emerged as one of the most significant findings is the striking absence of public knowledge and understanding of what goes on behind the closed doors of the family law courts due to the operation of the in camera rule. This is a deeply concerning finding given that a democratic society depends on transparency to ensure public confidence in the family justice system, and in particular, in the administration of family justice. A review of other legal systems has demonstrated that it is possible to achieve an appropriate balance between promoting transparency and protecting the privacy of family members involved in these cases. In the context of ambitious family law reform that is currently underway in Ireland, now presents an opportune time for change”.

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.

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 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 full report can be found on the Department of Justice website here.

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