Paul Lawless

Overall sentiment: -0.10
Back to Debate

I welcome this motion from my colleague, Deputy Gogarty. I hope it receives cross-party support. There are many problems with the in camera rule in the family court. It is something we in Aontú have raised consistently for a long time. The cross-party group has formed in the Oireachtas seeking reforms. This is very welcome and indeed it is good to see Government backbenchers as part of that group as well. Deputy Gogarty cited the example of Britain and the pilot system it introduced to remove the in camera rule and how it is working. This is something we should look at seriously. We have a situation which not only prohibits journalists from reporting on the horrors unfolding in the courtrooms, it also leaves people feeling like they cannot talk to gardaí, or their solicitor in some cases. There is an entire attitude where people feel a significant fear around talking about their situation. There is also a situation where judges themselves are often scathing in their assessments, sometimes in relation to Tusla, and are not having their remarks publicly heard. It is a significant thing that in some cases judges are scathing of Tusla and those remarks and assessments go unheard. The problems in Tusla, which have been well-highlighted by my colleague, Deputy Tóibín, over many years, are extremely serious. The inside of courtrooms get much greater insight into these problems than we do, but the in camera rule prevents us as policy and law makers from getting a proper understanding of what is happening and how we can fix it. The secrecy around family law cases creates a breeding ground for corruption. Margaret Loftus, a wonderful woman from Mayo, spoke to "Prime Time" earlier this year about the abuse she experienced at the hands of a member of An Garda Síochána. She spoke last week to the justice committee and asked how many gardaí have barring orders against them. The answer is we do not know, because of the in camera rule. That is a shocking revelation. She was asked about her experience of family law courts. The family law court outlined that she should be ashamed of herself and go home and apologise to her children. She was told that if the judge had jurisdiction over the Central Criminal Court, she would throw out the charges. This is a woman who endured sustained, brutal attack lasting an hour and a half, when she was put against a wall and kicked repeatedly, and left huddled with her children. She was speaking under Dáil privilege at an Oireachtas committee last week and said she could not go into any detail about what happened to her because of the family law courts and the in camera rule. Not only this, but any evidence she herself gave in the family law courts could not be used in the criminal courts. This evidence would be disregarded, which is extraordinary. This woman’s own evidence which was used in the family law courts was precluded from being used in the criminal courts. She could use the evidence but would have to get permission, which is really quite incredible. Margaret Loftus has said the in camera rule needs to go, as it is having a devastating effect on survivors and victims of domestic abuse.

Sentiment score: -0.10