Jim O'Callaghan
Dublin Bay South · Fianna Fáil · Ireland
“This relates to section 69 of the Bill as passed by Dáil Éireann, which amends Schedule 5 to the Social Welfare Consolidation Act 2005 to add the Courts Service to the Schedule.”
“The first four amendments in this group are minor drafting corrections. They corrected the wording in four places so that the Bill reads consistently. It is changing the word "references" to "a reference". They make no change to the substance or effect of the Bill.”
“The ARP scheme was introduced in July 2022 to recognise the generosity of members of the public who opened their houses, whether in their entirety or through the provision of a room, at their own expense to provide shelter to people displaced by the Ukraine war. The Department of Social Protection administers the scheme on my behalf.”
“I have no doubt it will be challenged, and I have to be able to convince a court, if it is being challenged, that this legislation weighs up conflicting interests and recognises there is a mechanism for somebody who has reformed himself to get off the register.”
“The scheme has been a lifeline for people from Ukraine displaced by the conflict, given high rental market rates and scarcity of rental accommodation.”
“I thank the Leas-Cheann Comhairle in the first instance for presiding over these Stages of the legislation. I am very pleased that this legislation has been enacted. I want to thank a few people very briefly. I thank Deputy McAuliffe for introducing me to Jason Poole. I thank Senator O'Loughlin for her work on this issue in the Seanad.”
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“The four pillars of the Istanbul Convention form the basis of what we trying to do in this area. These are prevention, protection, prosecution and policy co-ordination. They certainly guide the policy objectives and progress contained within the progress reports. Safe accommodation is obviously an important part of this. It is certainly the case that if a woman is facing violence in the home, there will inevitably be a requirement for short-term accommodation so she can flee the home. As I said previously, the ultimate solution is that barring orders be granted against the abuser. On the provision of safe accommodation, I am working closely, as is Cuan, with domestic violence services to ensure we increase refuge accommodation and reach the strategy objectives.”
“Ultimately, however, I and the rest of the Government are responsible for ensuring we have a thorough response to it. Last month I launched the progress report on the implementation of the zero-tolerance strategy in 2025. That report is well worth reading. It highlights developments across key priority areas, including improving access to justice, safe accommodation issues, consent education and other matters. We also have significant work by Cuan. We now have a more developed, more robust monitoring framework. It is important there is a progress report on the objectives I have set out to ensure we have zero tolerance to see how they are being implemented because unless we have that level of oversight, we cannot deliver at pace or scale the responsibilities and obligations that need to be implemented.”
“As Senators are aware, in my Department there is a new statutory body called Cuan, which implements Government policy and puts forward progress reports in respect of how I am doing and how the Government is doing in response to this critical issue. Zero tolerance is the principle by which we operate. It is an important principle because there can be absolutely no tolerance of this type of behaviour. The Government has made significant progress in implementing the zero-tolerance national strategy to combat domestic, sexual and gender-based violence. We have introduced new legislation, expanded and improved services, and reformed how the justice system responds. The existence of Cuan is an important element in that response insofar as we have a separate statutory agency that is vigorously implementing Government policy.”
“Sometimes the topic of domestic violence can be focused on exclusively through the prism of how many refuge spaces we have - in fairness, this did not happen in this House - but that is not the way we need to focus on this issue. Clearly, refuge spaces are absolutely important. I want to see refuge spaces and other safe accommodation in every county. However, we cannot allow that to become the sole and primary focus of our response to the scourge of domestic violence. It should not be the case that we elevate as being the primary solution the departure of a woman from a home where she has been abused. We all recognise in this House that what really is essential is that the person responsible for the abuse is removed, not the person who needs to seek refuge in the short term.”
“I do not know if people here have read the harrowing details of the murder of Katie Simpson. It is not something unique to Northern Ireland; we have had similar examples here. In fact, there was a certain cross-Border element to the ongoing torture and coercive control of that young woman by the man responsible for her murder, in that some of the equestrian training happened in Lifford in County Donegal. We can really see that we need an all-Ireland response to these issues. Before I deal with the substance of the issues raised, I want to emphasise a point in response to the focus that has correctly been placed on refuge spaces and safe accommodation.”
“That we are discussing this problem now in Ireland is much better than what happened years ago, when it was to a large extent swept under the carpet. I also very much welcome the contributions from individual Senators. I will not go through all the individual issues they have raised, but I hope to deal with them in the substance of my response here. It is important to point out that this problem is not confined to Ireland. As many Senators have indicated, it is a significant issue in Northern Ireland and, regrettably, throughout Europe and the world as well. I had the pleasure last week of attending the North-South Ministerial Council meeting in Armagh, where I spoke with Naomi Long, who is the Northern Ireland Minister of Justice, about this very issue. We had a lengthy discussion about an awful case in Northern Ireland.”
“Ar dtús, gabhaim buíochas le Seanadóirí Fhianna Fáil as an rún fíorthábhachtach seo a chur síos. Tá a lán oibre ag dul ar aghaidh i mo Roinn féin agus táim ag déanamh a lán oibre ar an gceist dheacair seo. I thank the Fianna Fáil Senators for putting down this extremely important motion. A number of people have indicated it is regrettable or even shameful that we have to discuss this issue again in the House, but it is better that we talk about it until such time as we can say it has been absolutely eliminated from Irish society. That will be a difficult task to achieve, but it is certainly preferable that we debate it and discuss it rather than what happened many years ago. Senator McCarthy earlier gave an indication of some personal experience he had as a child.”
“It is not as though it is a housing estate where you can just put a unit in there but I will think creatively, and I am sure the Irish Prison Service will too, in terms of what can be done for the community. The educational services provided by the Prison Service for families outside of prison is one example of that.”
“I also have to point out, however, that I did manage to secure an exemption from the Minister for public expenditure for six projects totalling 960 prison spaces and to move them straight to approval gate 2 pre-tender approval of the infrastructure guidelines, a measure which is expected to speed up delivery of these projects by 12 to 18 months. It also frees up capacity within the Irish Prison Service to progress projects. The proposed extension on Cork Prison is to deliver new prison spaces for men and women. We will try to get that expedited as quickly as possible. I hear what the Deputy has said in terms of a community gain. Obviously there are restrictions in terms of a prison.”
“I am hoping, and it is intended, that we will start preparation works early next year in respect of the extension to Cork Prison. I am hoping and expecting that it will be completed in advance of 2031 and that it will be finished in the latter part of this decade. It is also important to point out that we have a good record in the Irish Prison Service in delivering extensions or new blocks on prison property very quickly. As I said to the Deputy, I was in Castlerea three weeks ago. Works started on a project there - the Grove - on 1 May 2025 and it is finished now. I turned the sod there three weeks ago for a further extension. The Prison Service is renowned within the sector as being very efficient at getting works completed very promptly. A further example of that is the works I saw this morning in the Dóchas Centre.”
“With regard to Cork Prison, I should also mention the excellent educational work that is provided by the Dillon’s Cross Project, which celebrates its 30th anniversary. The project provides vital educational and social support to the partners and families of prisoners. That is an example of the excellent work that is done for community benefit arising from the prison.”
“The proposed project for the extension to the existing Cork Prison is still at an early planning stage but preparation works will start early next year. The extension on the old, decommissioned Cork Prison site will be a large extension of the function of the existing prison and will provide prison spaces for approximately 100 women and 230 men. This will improve efficiency. As the Deputy will be aware, the former Cork Prison ceased to operate as an operational prison in February 2016 but the site provides an opportunity for the Prison Service to extend. As the project progresses, there will, of course, be community engagement as part of the planning process. I hope that consideration will also be given to community benefit as part of the project as matters progress.”
“It is important to state that this is not a new prison; it will be an extension to the current Cork Prison. I had the opportunity, with Deputy O'Sullivan, to visit Cork Prison last year. I was very impressed with the commitment and professionalism of the Prison Service and the prison staff there. I am conscious that we need this extension. There will also be a new block in Wheatfield and an additional block extension at Midlands Prison. This is in addition to spaces at Castlerea, Mountjoy and the Dóchas Centre, where an extension to Rowan House is expected to accommodate 50 women prisoners. I visited Dóchas today and saw another extension that had been put in by using office space. It is a fantastic extension and shows the work that has been done in the past year.”
“It really is an excellent service, notwithstanding the pressures that overcrowding creates. I am pursuing a dual approach to address the issue of prison overcrowding by increasing prison capacity and pursuing further measures to support the increased use of non-custodial sanctions. I have secured a record capital investment of €528 million for the Irish Prison Service over the next five years, of which €495 million will be invested to deliver one of the most significant capital programmes in the justice sector, with an overall target of delivering over 1,500 spaces by 2031. The building programme, which is committed to 2031, will, as the Deputy has requested, include a large extension to the existing Cork Prison on the site of the old, decommissioned prison.”
“I thank Deputy O'Sullivan for putting down this very important issue I accept that overcrowding is having an impact on the provision of services within the prison estate, and is having an impact on both prisoners and staff. A lot of outstanding work is ongoing within our prisons that probably does not get enough recognition. This morning, I spent two hours at Mountjoy and Dóchas. Three weeks ago, I visited Castlerea Prison for a full afternoon. In fact, I have visited every prison in the country with the exception of the Midlands Prison and Arbour Hill Prison, and I will be visiting them shortly. I take this opportunity to commend the Irish Prison Service and the staff on the outstanding work they do daily. This morning, I had an opportunity to look at the education services provided within Mountjoy and Dóchas.”
“They are places where women fleeing domestic violence can go. Safe Ireland Cavan-Monaghan is the primary domestic violence service provider in both Cavan and Monaghan. It is the lead domestic violence service provider progressing the development of the new refuge facility for the region as part of the zero-tolerance strategy. I am advised that Safe Ireland is working with the stakeholder group to create a solid infrastructure and a coherent connected response across both counties. I will keep working on it and no doubt the Senator will raise it again. We will keep a close eye on its progress.”
“I thank the Senator. He is right. It is important that representatives, such as himself, keep the pressure on politicians and Ministers, such as myself, to ensure that these commitments are followed through with. The fact that the decision has been made and I have written to the Minister, Deputy Browne, indicates the pathway has clearly been commenced. I should also point out that as well as the development of the new refuge in Monaghan to serve the Cavan-Monaghan region, both Cavan and Monaghan county councils have committed to the allocation of three units from their social housing stock, which will deliver additional safe homes across the region. Cuan is now working with Safe Ireland to finalise operational and staffing costs. All six units will become operational this year. Those safe homes are very important as well.”
“It is a bit behind what is happening in Monaghan but it is unquestionably the case that the direction of travel for the Government and me is to ensure that we have refuges in both Monaghan and Cavan.”
“I have written to my colleague, the Minister for Housing, Local Government and Heritage, Deputy James Browne, requesting that a refuge for Cavan be prioritised in the next phase of refuge development. This will ensure that we are not delaying the provision of refuge services for victims of domestic violence. Adding Cavan to the priority list of developments will allow for site selection and the planning process to commence. It is a positive answer that I have been able to give to Senator O’Reilly. A decision has been made that we do need a refuge centre in Cavan as well as in Monaghan. Now that I have written to the Minister, Deputy Browne, that process has commenced. I obviously cannot guarantee that we will have a refuge in Cavan within a very short time but the process has commenced.”
“I am advised that Cuan, which is under my control, is currently considering future options for potential refuge provision in Cavan in parallel with the progression of the refuge site identified in Monaghan. Following engagement by Cuan with service providers and other stakeholders, including Cavan County Council, it has become apparent that there is an urgent need for a refuge not just in Monaghan but in Cavan as well. It is an important step that I make that statement in terms of achieving what Senator O’Reilly and other representatives from Cavan-Monaghan, including Deputies Brendan Smith and Niamh Smyth, have sought in respect of it as well.”
“The capital assistance scheme, CAS, stage 1 application for a refuge site in Monaghan was approved by the Department of housing last October. Work is ongoing towards submitting a stage 2 application in Monaghan, which will include further detail and costings on the full extent of the works required. The CAS process takes, on average, 75 weeks, with construction taking between 15 to 18 months. Safe Ireland is the lead approved housing body on this development in Monaghan. Notwithstanding the fact that we are moving down the pathway of having a refuge in Monaghan, it has become increasingly apparent to me that we need one in Cavan as well.”
“It is engaging with various stakeholders, including approved housing bodies, AHBs, the Department of housing, the Housing Agency and local authorities to facilitate local action and support service development and the delivery of refuges and safe accommodation throughout the country. As Senator O’Reilly indicated, there is no refuge or safe accommodation in County Cavan at present. When I started in this job 15 months ago, one of the things I wanted to look at and that stood out to me was that there was no refuge in Cavan-Monaghan. This area is presented as a constituency but, as Senator O’Reilly will know, it is a very broad geographical area. As he will know as well, there has been progress in the Cavan-Monaghan region in respect of a proposal for a refuge site in Monaghan.”
“I thank Senator O’Reilly for raising this very important Commencement matter. A huge part of my portfolio is ensuring there is a full response to the scourge of domestic violence. As Senator O’Reilly will know, one of the avenues down which I must go as a response is ensuring that we do have refuge spaces and safe accommodation for women, and predominantly it is women, fleeing domestic violence in order that they can be accommodated in the short term. The policy in respect of this area is worked through the statutory agency that has been set up and is under the control of my Department, namely, Cuan.”
“I am sure I would get some plaudits from people saying I have pushed this on but it would be a disaster. This is why it is important to phase it and to have an implementation plan. It is a very detailed plan and I would urge people to look at it. Certainly my officials will engage with stakeholders. I am pleased that people are looking to be part of phase 1, and certainly we will give careful consideration to Limerick. I cannot guarantee anything, as Senator Byrne knows-----”
“I thank Senator Byrne. Whether or not Limerick makes it into phase 1, the good news for the country is that an implementation plan is in place. It sets out three very important timelines. At present we are in the pre-phase 1 designation stage, in terms of preparing for the commencement of phase 1 in January 2027, when three locations will be identified. In phase 2, which will commence in January 2028, we will identify a much broader range of courts around the country. The following year it will operate nationally. I know Senator Byrne is not saying this but sometimes people can ask why we cannot do it all in one go. It would create chaos if I did it in one go. It would mean that everybody would be told that on 1 January, every court in the country would change around.”
“I have not made a decision yet, but the Senator certainly has first-mover advantage in that she is the first representative who has come to me to indicate they have a preference for it. To a large extent, it will be based on factors such as the preparedness of the buildings, whether buildings or Tusla services are available and what other facilities are available for the other court work to continue operating there. The Senator indicated to me there are two courthouses in Limerick and there could possibly be a mechanism of separating family law from the other types of work. I will certainly have a look at that and I thank her for raising the issue. I will have to announce the three locations in the next number of months. I will certainly take into account what the Senator has said in respect of Limerick.”
“We need to go out of way to ensure we can try to facilitate mediated resolution of the disputes. We want to make the environment as amenable as possible for people who find themselves before the courts. As the Senator indicated, phase 1 will commence in January 2027. Three locations will be initially selected to commence operating as family courts in the new system. The locations will require a family District Court, a family Circuit Court and a family High Court. Judges with specific expertise in dealing with families and family law matters will be assigned to these first court locations on a full-time basis. That process is already ongoing. I am engaging with the presidents of the courts to try to identify the specialist judges. I hear what the Senator is saying about Limerick and its preparedness.”
“The intention is that once we have the new family court system up and running we will, as the Senator very sensibly indicated, have family courts in one location. Around them will be all the necessary back-up services that are required by people who find themselves before the family courts, such as access to Tusla and, more importantly, access to mediation services. This is so people can try to mediate a solution as opposed to having a court-imposed solution. As the Senator indicated, it is not appropriate for people involved in family court proceedings to find themselves in public areas where there are criminal cases going on, for instance, or other disputes going on. We need to recognise that when it comes to family law disputes, they are highly sensitive disputes.”
“It will result in very significant reforms of the family justice system - probably the most significant reforms of the family justice system in the history of the State. The plan provides for a phased approach for the commencement and implementation of the Act. It is envisaged that implementation will proceed in three phases, allowing time and space to engage with stakeholders, evaluate progress and identify any issues as they arise. A phased approach that provides for both regional and procedural elements to commence at relevant points during the entire implementation process has been deemed the most practical solution. It also allows for a region-by-region commencement, bringing new family courts into operation in selected locations over a series of stages before a full national roll-out.”
“I thank Senator Byrne for raising this very important issue. I commend her on her observation of what was a very significant announcement made last week by me. The decision was made by Government last week as well. That decision concerned the implementation plan for the commencement of the Family Courts Act which, as the Senator knows, was passed by the Houses back in 2024. It proposes an extremely radical reform of the family law courts throughout the country. Obviously, what cannot happen is that I just designate that on one day, all the family law courts will be transformed into the modern family law courts envisaged by the legislation. That is why I need a phased implementation plan. As the Senator is aware, last week, I announced an implementation plan for the Act.”
“Family law proceedings are very emotional and contentious, but it is important that people recognise that they can seek to control the outcome of those proceedings by reaching a resolution themselves in respect of access and custody. Ultimately, that is what the court is going to do.”
“There are also a range of formal arrangements in place between the Department of children and that agency. In addition, Tusla services and individual social workers are subject to multiple levels of oversight. To conclude, I thank the Deputy for bringing this motion on these important issues. I am working in respect of the areas he has highlighted in the motion, particularly the in camera rule and the section 47 reports. However, I will conclude by saying what I said at the outset. I know it may be difficult for people in family law proceedings, which are difficult proceedings. They are not like ordinary civil court proceedings, such as commercial proceedings or proceedings between entities that do not have any emotional involvement.”
“In response to Deputy Gogarty's point on providing clearer guidance to parents, improving information and awareness is a key priority under the strategy. The Courts Service has made significant progress through its family law information hub, which provides accessible, plain language guidance to help families better understand the system. As regards the Deputy's call for strengthening statutory oversight of Tusla, it is important to note that as an independent agency, Tusla is independent in the performance of its functions. It has a very difficult task to perform, as I am sure everyone will agree. The framework in place for the governance and oversight of Tusla is comprised of relationships of oversight, direction and reporting between the Minister for the Department of children and Tusla.”
“The Judicial Council supports judges with comprehensive training programmes and the development of appropriate materials, such as bench books. A training working group was established in July 2024, which comprises membership from key Departments, State agencies and legal professional bodies, including the Judicial Council. I will now look at the family courts. The Family Courts Act was enacted by the Oireachtas in 2024. It is a key component of my strategy and contains a number of provisions designed to make the family court process more focused on the needs of children, as well as being user friendly, safer and less costly. Earlier this month, I published the implementation plan for the Family Courts Act, which will deliver on these aims.”
“The strategy established a working group in July 2024 and is reviewing existing training and developing effective, relevant training programmes for family justice stakeholders, such as the Garda. There is also a 2025-26 implementation plan for the third national strategy on domestic, sexual and gender-based violence, DSGBV, which is a relevant part of this. It outlines a mandatory DSGBV training for those working in family law. One of the suggestions by Deputy Gibney in her amendment is that judges be provided with bench books. My own view in respect of that amendment is that this would probably be an interference with the separation of powers under the Constitution for the Government to start intruding on the independence of the Judiciary by providing it with bench books guiding it on how to administer justice in the courts.”
“They aim to promote consistency and best practice in the use of welfare reports in private family law proceedings. In parallel, a voice of the child working group is progressing the development of the voice of the child report template and guidelines to ensure consistency. This group is also establishing a children's court advocate pilot project. Work is also under way to establish a panel of family law assessors, which will address concerns such as lack of regulation and adequate training or accreditation in respect of the provision of reports. The third issue I want to deal with is the training working group and family justice strategy. In response to Deputy Gogarty's point regarding the need for clear education and training, I wish to highlight that there has been significant progress.”
“The Child Law Project, commissioned by the Department of children, independently observes and publishes anonymised information about in camera childcare proceedings. I now want to deal with another contentious issue, which is the role of expert reports. These are reports sometimes referred to as section 47 reports. Another key action in my family justice strategy is to review the role of expert reports in family law proceedings. That review, published in June 2024, sets out 20 recommendations. Earlier this month - in fact, I think it was about two or three weeks ago - I published the judicial guidelines on the commissioning of preparation content and use of expert reports in family law proceedings and launched them along with the Chief Justice.”
“I think everyone in this House would agree that it is important to preserve the anonymity of individuals, particularly children, who are before the family law courts. I acknowledge that improving awareness and understanding of the operation of the in camera rule is integral to informing future reforms in the area. In that context, I commissioned the establishment of the private family law reporting project under the leadership of Dr. Carol Coulter. This three-year project will observe a representative sample of cases across different court jurisdictions and geographical areas and, I believe, enhance transparency. It is important to acknowledge the Child Law Project, which was established in 2012 and attends childcare proceedings that would otherwise be held in private in order to conduct research on childcare law.”
“I am giving consideration to not only legislative change, but also a broader range of measures that could be promptly introduced, such as improving awareness and training for parties, legal professionals and members of the media on the operation of the rule. Deputy Gogarty mentioned permitting attendance and reporting by accredited journalists and legal bloggers. I remind him that family law proceedings concerning child custody, access, guardianship and childcare matters allow attendance and reporting from specified persons under statutory provisions, such as section 40 of the Civil Liability and Courts Act 2004, provided that the anonymity of the parties is preserved at all times.”
“At the same time, we need to recognise that those who find themselves before the courts seeking resolution to their family justice disputes need to be assured that their privacy and that of their children will be protected and maintained. As committed to in the family justice strategy and as mentioned by Deputy Gogarty, I commissioned a review of the operation of the in camera rule in family law proceedings. I published it in May 2025. It sets out 21 recommendations which I am considering. Deputy Gogarty has made a number of suggestions, including the introduction of stand-alone legislation on the in camera rule.”
“I want Deputy Gogarty and his colleagues to know that I am fully committed to reforming the family justice system through the implementation of the Family Justice Strategy 2022-2025. This is an ambitious programme of reform and significant progress has been made in promoting transparency and greater understanding of the family justice system. Several key actions under the strategy are highly relevant to the motion that Deputy Gogarty has put forward. I will address each of these in turn as well as the amendment proposed by Deputy Gibney. First, I will deal with the in camera rule which is referred to in the motion. The Constitution requires that justice be administered in public. Transparency and promoting a greater understanding of the family law system are critical to maintaining and building trust in it.”
“As legislators and policymakers, we should all repeat the desire that where possible people who find themselves in family law proceedings should seek to reach an amicable resolution in respect of those proceedings. There is a huge advantage in parents and partners being able to reach agreement on issues such as access to children, custody of children and, indeed, maintenance because they retain control over the resolution that is achieved. If there is not agreement on those issues by the individuals involved in the litigation, necessarily the court will impose its settlement. Notwithstanding the efforts of the court to try to reach the best solution that it thinks appropriate, an agreed resolution is always better than an imposed resolution.”
“I thank Deputy Gogarty for tabling his motion. I welcome that we are having this debate on family law, transparency, child welfare and reform of the in camera rule. The first thing that needs to be acknowledged is that family disputes and particularly family law proceedings are difficult and traumatic for those involved, particularly for children and victims of domestic violence. The reason they are so difficult and traumatic is that they are emotional, they are personal and they deal with very sensitive issues in persons' lives. I also recognise that litigation to resolve those disputes can be very challenging for the litigants involved in it. It is also very challenging for the judges who have to reach a determination based on the evidence that is presented before them in family law proceedings. I say this respectfully.”
“I move: To delete all words after "Dáil Éireann" and substitute the following: "notes that: — family disputes can be difficult and traumatic for those involved, particularly for children and victims of domestic violence; — litigation to resolve those disputes can itself, despite the best efforts of judges, courts officials, and legal representatives, be very challenging for those involved; — family law proceedings concerning child custody, access, guardianship and childcare matters allow attendance and reporting from specified persons under statutory provisions, including Section 40 of the Civil Liability and Courts Act 2004, provided that the anonymity of the parties is preserved at all times; — the Family Justice Strategy 2022-2025, aims to create a family justice system that works better for everyone engaging with it, but particularly for those who need additional supports and protections, such as those affected by domestic violence or vulnerable parents and children; and — the Government announced in April 2026, the Implementation Plan for the Family Justice Act 2024, which will deliver significant reforms to the family justice system, and ensure that the family courts are more user-friendly, less costly, and place the needs of children at the centre of family law proceedings; acknowledges that: — transparency and promoting a greater understanding of the family law system is critical to maintaining and building trust in it, and at the same time, those who seek the assistance of the Courts in resolving their family justice disputes need to be assured that their privacy, and that of their children, will be appropriately maintained; — there has been significant progress in family law reform, including: — the establishment of a Family Law Reporting Project, which aims to enhance transparency for the public about private family law proceedings, and build confidence in the judicial determination of private family law disputes, while continuing to ensure the privacy of those proceedings for children and families; — the detailed examination being undertaken by officials on findings and recommendations from the Report on the Operation of the In Camera Rule in Family Law Proceedings, including a comparative review of the Transparency Project and the use of Transparency Orders in England and Wales; — the publication of the Judicial Guidelines on the Commissioning, Preparation, Content and Usage of Expert Reports in Family Law Proceedings in 2026, which aims to promote consistency and best practice in the use of welfare reports in private family law proceedings; — the ongoing work being undertaken by officials in the Department of Justice, Home Affairs and Migration, to progress work on establishing a panel of family law assessors, and the panel will address a number of issues identified in the Review of the Role of Expert Reports in the Family Law Process, including lack of regulation of experts and lack of adequate training or accreditation; — the establishment of a Children's Court Advocate Pilot Project, which will apply to all applications for guardianship, custody, and/or access, test a new way of hearing the voice of children in private family law cases, and provide regulation of assessors and consistency of practice; and — the establishment of a Family Justice Training Working Group in 2024, to review existing training needs for those working within family justice and to develop effective and relevant training programmes; and resolves that: — good progress has been made in respect of the Family Justice Strategy 2022-2025, and promoting transparency and a greater understanding of the family justice system; — improved awareness and understanding of the operation of the In Camera Rule is integral to informing future reforms of the area, and the establishment of the Family Law Reporting Project will play a key role in this regard; and — monitoring and measuring the impact of these reforms will determine their effectiveness and inform any further policy or legislative developments required.".”
“We made that decision but we also decided that where it suited our interests we would be able to opt in to provisions we wanted to be part of and that is what we are doing here. We should not have a blanket approach and say we will not opt in to any or we will opt in to all. We need to measure them individually and if they are of assistance and benefit to the people the Government will put forward the proposal and I am sure Members of the Oireachtas will decide on the basis of what they think is in the best interests of the people. Fortunately, in this instance everyone is agreeable this is an opt-in that should proceed.”
“In this instance it is very much merited that we do an Article 3 opt-in. As for what Senator Tully said, obviously the data can only be exchanged for the purpose of the underlying agreement and not for other purposes. It is important we have this ability to access this data for the purpose of investigating criminal activity. This is not surveillance. There is no benefit in having vehicle registration data from the point of view of An Garda Síochána other than for the purpose of investigating criminal behaviour. Senator Tully mentioned Protocol 21 and the provisions that we made the decision to opt out on in the Lisbon treaty in the areas of justice, security and policing co-operation.”
“Gabhaim buíochas leis an gCathaoirleach. I thank Senators Gallagher, Scahill and Tully for their contributions. I very much welcome that there is unanimity in the House on agreeing to opt in to this very sensible proposal. A number of issues were raised. Senator Gallagher asked if this would be an annual opt-in. It will not be. Once we opt in that will be the objective achieved and we will be able to exchange vehicle registration data with the United Kingdom from the date of opt-in onwards. Senator Scahill made the sensible point there is a tight timeline here. When we are opting in under Article 3 we have a three-month timeline so we need to move promptly. There are obviously differences between opting in under Article 3 and opting in under Article 4. That is a debate I have had before in the Houses.”
“However, if it was the case we wanted to opt in we could do so, either pursuant to Article 3 or Article 4. That gives us the opportunity to decide on an individual basis whether we want to be part of these decisions or proposals of the European Union. In this instance we are correct to exercise our democratic mandate in supporting the opt-in as there is a strong benefit in being able to exchange vehicle registration data with the UK. That is something that happened before Brexit and it is a real positive sign that it will continue now after Brexit.”
“Our shared border and ferry transport links mean it is imperative the competent authorities in both jurisdictions have access to this information exchange mechanism. In operational and policy terms it is considered desirable Ireland exercises an Article 3 opt-in to these proposals so we can again supply vehicle registration data to the United Kingdom and receive data in return. I commend the proposal to the House, a Chathaoirligh. This is, as you will know, one of the examples of the Houses of the Oireachtas exercising their sovereignty in terms of matters that come within Protocol 21. As you know, Protocol 21, which is an annexe to the Lisbon treaty, was put in place for the benefit of Ireland to ensure that in the area of policy co-operation and justice matters, we could opt out.”
“Its publication by the Commission on 30 January 2026, therefore, triggered the three-month window for Ireland to exercise an opt-in under Article 3 of Protocol 21, annexed to the Lisbon treaty. This window ends on 30 April 2026. Legal advice from the Attorney General has confirmed a Protocol 21 opt-in is required to satisfy Article 29.4.7° of Bunreacht na hÉireann and to guard against a risk of legal challenges to criminal proceedings where vehicle registration data is utilised in future. Ireland successfully negotiated additional recital language to better reflect our Protocol 21 rights and our sovereignty in the area of freedom, security and justice. This proposal will promote enhanced police co-operation between Ireland and the UK.”