Family courts and in camera rule
Deputy Gogarty argued that domestic abuse cases and family courts need greater scrutiny and that the in camera rule should be changed more quickly. The Minister said he could not fully remove the rule because privacy for children and parties must be protected, but he wanted a better court environment.
With the news reports of increasing levels of domestic abuse, the family courts are under more pressure than ever. I and others have raised before the need to get rid of the in camera rule. I am aware the Minister is doing something at the end of the year, but this possibly needs to happen more quickly because we still have cases going on where so-called experts are giving section 32 and section 47 reports. Sometimes their word is taken as gospel even though they are being paid. Judges take it as gospel. There is no scrutiny of the decisions being made and that needs to have a light shone on it. As a case in point, someone who was at Naas court yesterday for a protection hearing review got in touch to say she was in the 30s on the list, sat for six hours and was told just before 4 p.m. that she was not going to be seen until next January or February. An 86-year-old man was there for six hours on a church pew. All these people are in various states of anxiety waiting for family court decisions. One woman was there eight times because her ex lives in Naas and she is coming from the North. She has not been seen. It needs to be sorted out.
Comment on this
I thank Deputy Gogarty. It is correct to point out that when most people access the courts it is probably through the family court system. Most people stay away from the courts and it is only because of circumstances that force them before them because of family law issues that they have to engage with the courts. I have received a report on the in camera rule. I do not think we will be able to completely remove it. It is always going to be the case we are going to have to protect the identity of certain individuals and children before the courts. I want to see a much better environment for the hearing of, and determination of, family court hearings. At present the facilities are not good enough. There is a family law implementation group that is going to seek to implement the statutory policy set out in the Family Law Act. That is doing a lot of work at present.
I hear what the Deputy says about the reports as well. They are contentious and controversial, but we have got to identify some mechanism so the voice of the child can be heard in family law proceedings.