Privacy's New Paradigm: The Rise and Reform of the In Camera Rule

• Author: Kieran Walsh
• Position: BCL III, University College Cork
• Pages: 70-84

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Privacy’s New Paradigm:

The Rise and Reform of

the In Camera Rule

Kieran Walsh, BCL III, University College Cork

The Rule Introduced

In the Republic of Ireland, justice is administered in public.1

This means that any person, whether they have a special

interest in the case or not, can observe from the public gallery

at every step of the process. As a result the Irish justice

system is essentially transparent and open to public scrutiny

and criticism: this shows the public that their interests in

having fair judicial process are being served by an

independent and reasonable judiciary.

Fundamental concepts of man’s inalienable right to justice

in a democratic society underpin the jurisprudential basis

for this provision, and it is only with the utmost recalcitrance

that either the judiciary or legislature would dare to impugn

it. Family law cases are, however, shrouded in mystery2

adding to the already onerous trauma that litigants bear. The

reason for this is the in camera rule, which states that certain

types of cases cannot be heard in public.

While the ideas of upholding societal mores and the

institution of the family also receive constitutional

protection,3 and thus a measure of flexibility in practice and

procedure is inevitable in certain circumstances, the in

camera rule as it has been operated simply goes too far. As

Flockton4 notes, it has become the “sacred cow” of Irish

family law at the expense of the fully fair administration of

justice, as justice plainly cannot be seen to be done. Thus, a

rethink has proven essential. The Law Reform Commission5

and Courts Commission Working Group6 have touched on

the issue and perceive certain problems. International case

law points to problems not hitherto considered relevant in

Ireland. As academics, practitioners, and—crucially from the

perspective of political impetus—the public at large became

increasingly concerned about the all-encompassing rubric

of the rule, its reform made its way onto the Programme for