Colm Burke (Fine Gael) | Oireachtas source

I welcome the provision to facilitate the appointment of two additional judges to the Supreme Court. As the Minister outlined, there is a substantial backlog in dealing with cases. While I am open to correction, I understand that in a large number of appeals, the Supreme Court is finding that it must provide substantial assistance to litigants to ensure fair and proper procedures are followed and everyone is given a fair hearing.

Once the backlog of cases has been cleared and a court of civil appeal established, will we be required under this provision to continue to have nine Supreme Court judges? Will it be possible to review the matter at some stage? What is the constitutional position in that regard?

While the Minister may not want me to raise another issue, I propose to do so because it is an issue of concern for the legal profession. I do not accept the response I received from the Department when I raised the issue in the House last week. The appointment of two additional Supreme Court judges is welcome. A problem arises, however, with regard to costs being taxed in the High Court. Fairness must apply to people who provide legal services to those who are involved in litigation. Last week, I proposed that a third taxing master be appointed and argued such a measure would be cost neutral. The Department's response in which it indicated the delay in hearing cases on the taxation of costs was only ten weeks is utterly incorrect. I have personal experience of the problem. While I accept the Government is introducing measures to address the issue, many smaller legal practices, particularly in rural areas, are experiencing financial difficulties because insurance companies are using the delays in the system. I accept that the issue is not related to the subject matter of the amendment.