Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I thank the Deputies opposite for their support for this important Bill, which will effect the first major constitutional change to the structure of our courts system since 1937. If it is accepted by the people in the referendum, this proposal will improve our system of justice. It will ensure that appeals which are made after cases are determined, particularly in our High Court, can be dealt with more speedily.

It will ensure that should a referendum be successful, our Supreme Court will be able in the future to focus on cases of general public importance or cases where there are specific reasons in the interest of justices why an appeal should be taken by that court and determine such appeals. There will be many appeals that can be dealt with in the new proposed court of appeal that will not need the engagement of the Supreme Court. The creation of this new court will remove many of the pressures on the highest court of the land. We now have a substantial number of members of the High Court, far more than would have been the case when I began legal practice as a lawyer.

The reality is that our appellate court system has not kept pace with the demands of the 21st century. We owe it to our citizens to have the best possible court system available so that those who must resort to litigation as individual citizens are assured that if they must appeal decisions, appeals can be dealt with within a reasonable period of time. It is important that those involved in business and the commercial sector know that if there are issues in dispute that are important to their business, they can be resolved within a reasonable period of time. At a time when we are committed to increasing employment in this State and tackling some of the difficulties we have experienced in recent years, it is of vital importance that foreign businessmen and women, international companies and multinationals know that if they locate in Ireland, we have the best court system in the world. We have an independent Judiciary which serves this State well. We are modernising and updating the jurisdiction of our courts in the Courts and Civil Law (Miscellaneous Provisions) Bill 2013, with which we will deal shortly. This very important reform will put in place a new court of appeal.

I very much appreciate the wholehearted support Deputies have given this Bill. It is of the greatest importance that as we move forward to holding a referendum, our citizens voting in it understand the importance of modernising our courts structure to the State and each and every citizen in the State. This new structural change is of relevance and benefit to every citizen in the State. Regardless of our circumstances, there is always the possibility that something will occur in our lives that leaves us with no choice but to use our courts system to achieve justice. It is important that justice is administered within a reasonable period of time. As the old saying goes, "justice delayed is justice denied". It is also important that we move away from a situation where the Supreme Court has a backlog of cases which it is estimated may take four years to complete without a further appeal being lodged. That is unfair to the judges in that court and to those who await the hearing of appeals.

This proposal will facilitate and put in place mechanisms that will enable at the decision of the Supreme Court some pending appeals to be dealt within the court of appeal. It is very important that this decision is made by an independent Judiciary rather than politicians in any sense of the term. We have created a constitutional architecture which, if accepted by the people, will facilitate that. Not only will it ensure that the delays that currently exist are not repeated in the future, it should provide a mechanism to address some of the existing backlog in a manner determined appropriate by our existing Supreme Court. I urge people to vote "Yes" in this referendum when it is held based on it being in all our interests that we have the best courts system in the world that can administer justice within a reasonable period of time and in a considered manner.

I hope that when a referendum is being held, all those represented in the House, be they members of political parties or none, will be supportive of this referendum and urge people to vote "Yes". I am very conscious that this could be perceived outside the House as something of a technical issue that is remote from their daily lives. I hope they would see their opportunity to vote on this as an opportunity to contribute to modernising our State and doing something positive with regard to the very important modernising and reform agenda we are applying to our courts system and the Courts Service. I hope we will have overwhelming support from those who vote in the referendum. I will conclude by saying that if that outcome is achieved, I look forward to bringing to the House at the earliest possible opportunity the court's establishment Bill that will be required so that this new court can be established. I confirmed to Members of the House on Second Stage that should the referendum we intend to hold in early October be successful, we envisage that between the enactment of the establishment Bill and the preparations that would be necessary for the court of appeal to be put in place, we will have our new court of appeal at the very latest by the autumn of 2014, which is the start of the law term. This new court of appeal will embrace within two divisions - effectively, a court of civil appeal and a court of criminal appeal. Having a permanent court of criminal appeal will also have the benefit of ensuring that where prosecutions have been taken, those who are found guilty can have their appeals processed more quickly than may be the case at present and appeals against leniency of sentence brought by the DPP in circumstances where someone has been convicted can be processed more quickly. There is a range of advantages to the public that this reform effects. I thank Members of the House for their support for the Bill and the steps we are taking.

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