Privacy and transparency in family law proceedings in Ireland: striking the right balance

This paper examines the operation of the in camera rule in Irish family law proceedings, highlighting the constitutional tension between the principle of open justice under Article 34.1 of the Irish Constitution and the longstanding practice of hearing family law cases in private (‘in camera’). While the privacy rule seeks to protect children and families from undue public exposure, its practical application has historically been unclear, with limited research due to concerns about breaching the rule. In 2024, the Irish Department of Justice commissioned a national interdisciplinary study to explore how the in camera rule functions in family law cases. Based on the findings of a national survey, as well as a thematic analysis of 13 judicial interviews and 18 professional focus groups, the study revealed widespread agreement on the importance of privacy, but deep uncertainty about the rule’s scope and application across courts and professions. Findings show that the rule limits public insight, inhibits accountability, and contributes to mistrust in family‑law decision‑making in Ireland. The paper argues for recalibrating the rule by clarifying its legal basis, expanding anonymised judgment publication, enhancing reporting mechanisms, and supporting responsible academic and media access to ensure privacy is upheld without compromising transparency.