First study into the operation of the In Camera Rule in Ireland is published

22 May 2025

The first research study of its kind to ever have been conducted into the in-camera rule in Ireland is published today by the Minister for Justice, Mr Jim O’Callaghan T.D.

Led by the School of Law in University College Cork (UCC) the interdisciplinary project was commissioned by the Department of Justice. A key action in the Family Justice Strategy, this ground-breaking study conducted by a joint UCC and Trinity College Dublin (TCD) team will significantly impact family law proceedings (private and public) in Ireland.

The report contains 21 recommendations in total and recommends that family law proceedings continue to be held in private, and that the privacy rights of children and parties to proceedings be maintained. 

The study collected data from 13 judges, 18 focus groups with 84 professional participants and services, as well as 300 parents and family members who completed the national online survey about their experiences of the in camera rule in the family law courts. Dr Aisling Parkes, Senior Lecturer in Law in UCC led the study.

Publishing the report, Minister O’Callaghan T.D. 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.”

Dr Aisling Parkes, Senior Lecturer in Law UCC, said:

‘‘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”.

Dr. Simone McCaughren, School of Social Work and Social Policy, TCD, one of the co-authors of the study added:

“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”.