Dáil debates

Tuesday, 16 April 2013

3:55 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael) | Oireachtas source

The Minister for Justice and Equality referred to the capacity of a number of County Registrars whose long service as legal practitioners enables them to be eligible to be considered for dealing with elements of the insolvency legislation.

Regarding consultation, there was a conference on 2 March last, organised by the Law Society, regarding the consultations necessary in respect of the proposal for the setting up of a court of civil appeal. That conference was addressed by the Minister for Justice and Equality, the Chief Justice, the head of the Bar Council and representatives of the Law Society of Ireland and dealt with various ideas on the parameters, structures and strategies in respect of a court of civil appeal. Such a court has been referred to by members of the Judiciary on many occasions. Deputy Martin is well aware that the opportunity to have cases heard before the Supreme Court has been seriously extended in recent years and this is an issue that must be dealt with. As the Deputy knows, these Bills have not been published yet. Clearly, when they are published, there will be an opportunity for proper and full consultation.

It is not a question of intervention, Deputy Martin. I am happy to continue with the informal and formal engagement which takes place between the Judiciary and the Executive, facilitated through the Office of the Attorney General. That has always been the practice, is the practice now and will continue to be the practice. In that context, I repeat that the independence of the Judiciary in the carrying out of its judicial functions is enshrined in Article 35.2 of our Constitution and is central to the democratic system of this country. The report on judicial independence for 2012/2013, published by the World Economic Forum in Davos, ranked Ireland fourth out of the 144 countries that were assessed, in terms of the degree of independence.

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