Oireachtas Joint and Select Committees

Wednesday, 16 January 2019

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of European Convention on Human Rights (compensation for delays in court proceedings) Bill 2019: Discussion

Mr. Micheál P. O'Higgins:

The short answer is "Yes". The Bar Council, as the representative body for barristers, is constantly engaged with the notion of systemic reform. Yesterday, if not last week, we finalised a submission to a review that is under way at the moment on the civil justice side of the system, not the criminal side but the superior courts civil justice system. Mr. Justice Peter Kelly, the President of the High Court, is conducting that review across a range of areas, for instance, judicial review, which is associated with supervising the powers and activities of lower tribunals and lower courts in the High Court. It also includes the whole area of discovery, which is a big issue in litigation, including the costs associated with discovery, the delays that discovery brings and undesirable aspects of discovery.

We very much engaged with the process that is under way. Various interested parties have put forward their views, not just lawyer groups but officials in the Courts Service and those involved in the system, with a view to trying to achieve efficiencies and improve access to justice, which is really what this should be all about, and also creating a situation where members of the public are informed about their rights so that they are encouraged to go to court and participate in what is a very important forum for the vindication of their rights. These initiatives take many forms. One simple path that we are following at the moment is an endeavour to try to make the law less mysterious and use plain ordinary English in legislation, regulations and submissions that barristers make. There is an encouragement being given to people - I know this seems odd - to actually speak in the English language, rather than in obscure old fashioned legalese which, unfortunately, has been a feature of the system, certainly in the past and perhaps not only in the past. The aim is to make the system more accessible and relevant to litigants and members of the public so that they will know their rights and have an opportunity to access the courts to vindicate those rights. That is another project that is very much under way. Much has been done under that heading but more remains to be done.

I agree with the Deputy that this is not a simple case of calling for more money or resources to be thrown at the courts. Just as I am sure those advocating for reforms on the health side would say the solution is not all about appointing more doctors, nurses, hospital porters or whomever. It is about channelling those resources, improving efficiencies and reforming the system so that a better product is delivered and a better service is provided to members of the public. We are very much aware of that and that is why we have not just called for an increase in resources but, in fact, a correct channelling of those resources.

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