Michael McDowell (Dublin South East, Progressive Democrats)

I move: "That the Bill be now read a Second Time."

The maximum number of ordinary judges of each court is prescribed by law and can only be altered by way of primary legislation. Legislation currently provides that the number of ordinary judges of the High Court shall not be more than 31. When I use the term "ordinary judges" I am referring to judges other than the President of the court in question. The Bill before the House provides that the maximum number of ordinary judges of the High Court can be increased by four to 35. The Bill also provides for an increase in the number of ordinary judges in both the Circuit and District Courts. In the case of the Circuit Court the Bill provides for an increase of four judges from 33 to 37 and in the case of the District Court the Bill provides for an increase of six judges from 54 to 60. This Bill allows for an increase of 14 more judges which must be a substantial increase in the size of the Judiciary.

I take this opportunity to pay tribute to the Judiciary, collectively and individually. I have on occasion been represented in the newspapers as attacking the Judiciary. I have never done so and never would consider doing so. I have the height of respect for our judges, collectively and individually and I believe they are independent officers under the Constitution and that it would be very unbecoming for a Minister to attack them, either collectively or individually. I never speak on the outcome of individual cases, although I am often asked to do so. I have in the past referred to particular aspects of sentencing policy but always in terms which I consider have been measured and respectful of the Judiciary and likewise with respect to bail. I wish to put on the record of the House that with regard to the controversies about bail, I went out of my way to say that so far as I was concerned, I was not certain whether the problems lay in the manner in which the law was administered on the one hand or whether it was, so to speak, on my side of the fence and in the way cases were being prepared and prosecuted. I would like the record of the House to show that I never attacked the Judiciary, either collectively or individually and that I respect and honour the Judiciary as a group of men and women who are serving this country very well under the Constitution, that I admire their independence and independence of spirit and that I know each and every one of them does his or her utmost to be loyal to the declaration they make on assuming office which is to uphold the law and the Constitution.

I am promoting this legislation because I believe the appointment of additional judges is required to deal with delays and to generally speed up the judicial process. I am also taking this measure to strengthen the criminal justice system in the context of a package of measures now in train to deal with serious crime.

I have taken the following factors into account in coming to this decision to appoint 14 extra judges. The President of the High Court has indicated to me that he wishes to appoint additional judges to minimise waiting periods in the Central Criminal Court and also to speed-up judicial review cases, in particular, review cases arising from major infrastructural projects.

See this speech in context