On 19 March 2013, the Government published the Courts Bill 2013.
The Bill has two purposes. First, to modify the in camera (in private) rule and allow for greater coverage of family law and child care proceedings and second, to increase the monetary jurisdiction limits of the Circuit and District Courts in civil proceedings
The Bill proposes changing the in camera rule to allow for certain cases to be attended by representatives of the media acting in good faith (bone fide representatives). Judges retain the power to exclude these representatives where appropriate and may also prohibit the publishing of certain details given in evidence. In addition, there is a strict prohibition on the reporting of material likely to identify the parties to the proceedings or any children to whom the proceedings relate.
Commenting on the Bill, Minister for Justice Alan Shatter said the Bill was designed to strike a balance between the need for transparency in family court cases and protecting the privacy of persons involved in these cases. “Media access and reporting of cases will add transparency to the conduct of family law and child care proceedings and will provide valuable information on the operation of the law in this area” said Minister Shatter.
The new Bill also proposes changing the jurisdiction levels of the Circuit and District Courts. The monetary limit of the Circuit Court will be raised from €38,092 to €75,000 while the monetary limit of the District Court will be increased from €6,384 to €15,000. It is envisaged that these changes should ease pressure on the higher courts as well as reducing legal costs for individuals.
The proposed changes are also likely to have a major impact on defamation and personal injuries litigation. The proposed changes have capped the limit for personal injuries actions in the Circuit Court to €60,000 due to concerns about possible inflation of awards and effects on insurance costs.
The Law Society welcomed the proposed changes to the in camera rule and court jurisdictions but raised concerns that the District and Circuit Courts may not have sufficient resources to deal with the pressure of the heavier workload. Ken Murphy, Director General of the Law Society said that "the changes will unquestionably require the appointment of more judges and courts staff".
The Bar Council, welcomed the increase in monetary jurisdiction but raised a "genuine concern" that the judiciary is properly resourced to deal with the new changes.
It is expected that the Courts Bill will be enacted before the summer break.
Click here to read the Bill in full
Click here to view the progress of the Bill
Click here to read an Irish Independent article, here to read an Irish Times article and here to read an article from the journal.ie