Reforms are underway which will allow the media to access family law proceedings in Irish courts. At present the media are not permitted to attend family law cases due to their sensitive nature. One side-effect of the ban on media reporting is that issues raised in family law proceedings cannot then feed into an informed public discussion about family law.
In a speech before the Oireachtas, Minister Shatter said, “Members of the public need to know what they could reasonably expect from the courts if they were to find themselves in the unfortunate position of having to seek access to the courts in such cases. Lawyers need to be clear on how they might advise their clients and law makers need to know how the law is being applied by the courts to assess whether the law is adequate to give protection to the individuals, the families and the children who seek its intervention.”
Click here to read Minister Shatter’s speech before the Oireachtas.
While the reform, which is part of the Courts Bill 2013, will allow the press to access family law proceedings, there will be a strict prohibition on reporting of any details which would identify parties to the proceedings (or any children involved). The Bill also provides that members of the press may be excluded from all or part of the proceedings in certain circumstances, for example where there is a need to protect a party's anonymity or where required in the interests of justice.
Ombudsman for Children, Emily Logan, has expressed “serious concerns” about the proposals. Ms Logan said that notwithstanding the legislative safeguards, parties and children involved may still be identifiable, particularly when cases are reported by local media. She also expressed concern that media access may lead children to retract abuse complaints.
Click here to read the Advice of the Ombudsman for Children on the Courts Bill 2013.
In related news, on 7 July Minister Shatter announced that a referendum on the creation of a dedicated family law court will be held in 2014. The proposed new court would have two tiers, including an upper tier of unlimited jurisdiction, and would be staffed by specialist judges. The Minister intends that the family courts would be a separate facility from the main court system and would also feature mediation and social welfare facilities.
Click here to read an article in the Irish Times about the announcement.