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Dáil
‹ Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation

In camera rule in family law

Summary

Deputy Durkan questioned whether the in camera rule in family law should continue unchanged in light of parental alienation concerns. The Taoiseach said he would make further inquiries with the Attorney General and report back, while stressing court independence.

Bernard Durkan Deputy Bernard J. Durkan Fine Gael

Last week when I raised with the Taoiseach the question of the continued use of the in camera rule in the context of family law in this country, he quite correctly answered that the rule was there to protect children. Unfortunately, that has changed because of the introduction of parental alienation. In fact, it now leaves it open for children and their parents to be abused due to the secrecy provided by the rule.

Notwithstanding the Minister's proposal in this regard, which is due shortly, in the evolving situation we have, could the Taoiseach perhaps give the House an assurance that measures will be taken to correct the new situation that is developing as a result of the introduction into the Irish family law system of an alien facility?

Comment on this
Leo Varadkar The Taoiseach Fine Gael

I will have to look into it a little bit further. I am not an expert in how the courts operate but I do know they operate independently of this House and of the Government. I think it is the case that judges have discretion as to whether hearings are held in camera but they are done to protect vulnerable people, including children. I will make some further inquiries about it, in particular with the Attorney General and get back to the Deputy.

Comment on this
Bernard Durkan Deputy Bernard J. Durkan Fine Gael

I thank the Taoiseach.

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