The operation of the in-camera or privacy rule in Irish family courts is to be examined as part of an independent research project.
Legal and social experts at University College Cork (UCC) and Trinity College Dublin (TCD) are to explore how the rule works in practice and how it is experienced by those who encounter it and work within the courts.
While there appears to be a general understanding that, in the family law context, the rule operates to protect the identity and privacy of the parties and any children to whom the proceedings relate, the actual nature and scope of how the rule is applied is unclear, according to the researchers.
The research has been commissioned by the Department of Justice and is an action in the Family Justice Strategy 2022-2025.
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One of the first studies to examine the practical operation of the in-camera rule in Irish family law proceedings, it will explore how various stakeholders, including parents, social and legal professionals, judges, researchers, journalists and media, experience the perceived limitations and strengths of the rule.
The first phase of the study will involve a nationwide anonymous online survey of parents with direct experience of the Irish family law system. The survey will be live until mid-August. Further phases will involve engagement with other professional stakeholders.
The study is being conducted by Dr Aisling Parkes from UCC’s School of Law; Dr Kenneth Burns from UCC’s School of Applied Social Studies and Dr Simone McCaughren, from the TCD School of Social Work and Social Policy.
Dr Parkes, who is leading the project, said the research “is timely given the current focus on reform within the Irish family justice system”.
“For decades now, there has been much confusion concerning the operation of the in-camera rule among not just families but also among the various professions who engage with the family law system on a daily basis. The perceived limits imposed by this rule has had significant implications for research in the area of family law which has limited potential recommendations for reform.”
Dr McCaughren said the study “will capture for the first time the views and experiences of those who have engaged with the Irish family law system”.
“The survey findings will be included in this timely and ground-breaking research to support current plans to reform our family legal system. It has the potential to have a significant impact on future family law reform by identifying the challenges and opportunities surrounding the rule’s operation.”
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