Dáil debates
Thursday, 11 July 2013
An Bille um an Tríú Leasú is Tríocha ar an mBunreacht (Cúirt Achomhairc) 2013: An Dara Céim - Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013: Second Stage
3:25 am
John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source
I commend the Minister on bringing forward this Bill, which I very much support. A significant backlog has developed in the courts system in recent years, particularly in the case of appeals to the Supreme Court. The Minister referred to the maxim that justice delayed is justice denied. He also pointed to Article 6 of the European Convention on Human Rights, which lays out the responsibility of every signatory to ensure its citizens have access to a timely process of justice. That principle is the cornerstone of this legislation, which paves the way for a referendum later in the year on the establishment of a new court of appeal. We already have the Court of Criminal Appeal, which is not specifically referenced in the Constitution and was instead established by statute. It is appropriate that our constitutional provisions, primarily contained in Article 34, should reflect what has been a significant part of our legal system for several years.
It will become a significant part of the legal system on the civil side in the context of a substantive court of appeal. It was a commitment given in advance of the general election and contained in the programme for Government and it is appropriate that the Government is acting on it.
I hate the term "stakeholders", but this is an example of how the stakeholders have been engaged by the Minister and his officials in the Department in coming to an agreement that the question be put to the in a referendum to establish a new court of appeal system. I add my support to it and commend the Minister for his diligence.
Speaking as a member of the Joint Committee on Justice, Defence and Equality, there is no doubt that most of the legislation going through the Oireachtas is from the Department of Justice and Equality. The Minister is particularly diligent and while I do not always agree with him on everything, he is a man of exceptional ability. He takes a particular interest in making sure the courts will operate more efficiently into the future. I commend him for acting in this way and fully support the proposition which will I hope be put to the people before the end of the year.
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