Dáil debates

Wednesday, 17 July 2013

Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Committee and Remaining Stages

 

1:15 pm

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

I again thank Members opposite, who at all times have raised appropriate questions on this Bill. They have constructively tabled amendments to it and I thank them for their engagement with it. This is another important reforming measure with regard to the courts system. As I mentioned a moment ago in my exchange with Deputy Niall Collins, it will revise the financial jurisdictional base of the District and Circuit Courts for the first time in 22 years. It should reduce legal costs for litigants who must resort to the courts on the civil side in a broad range of areas in which District or Circuit Court jurisdiction is invoked and takes full account of the change in monetary values since this area was last implemented and addressed appropriately in 1991. Moreover, it will relieve some of the pressures on the High Court, where that court is asked to deal with issues relating to financial claims and values that would be more appropriately dealt with at Circuit Court level, and will take out of the Circuit Court claims relating in general terms to sums of €15,000 or less. The District Court is well able to deal with such claims across the broad range of judges within that court and consequently, the influx of work from the High Court into the Circuit Court will be offset by work being transferred down into the District Court.

While this is an important reform, the other important issue in respect of the courts is the provision in the Bill of some new transparency with regard to family cases. I believe Members have got the balance right in ensuring people's privacy and anonymity are protected and the welfare of children is protected, while providing some degree of visibility to the manner in which family cases are heard and determined. This is important in the context of the public having a greater understanding of how the courts work. It also is important for Members of this House as legislators, in that if something is not working well, they will get early notice of that and can then address issues or difficulties that may arise. The media have protected the anonymity of people appropriately in the criminal law area and in particular, I mention the areas of sexual offences and rape offences. However, there are other areas of law in which appropriate privacy also is maintained. I hope and expect the media will apply the same standards to family proceedings and will not report matters that could result in people's identities being revealed or their privacy being invaded. There are, of course, specific penalties and sanctions contained in the Bill as a deterrent to that occurring.

Another important reform is the facility to appoint two additional judges to the Supreme Court. Once they have been appointed, I hope this will contribute immediately to easing some of the pressures on the court. I dealt previously today with the court of appeal and it is a two-pronged process to both increase the numbers on the Supreme Court bench and hold the referendum on the court of appeal. Taken as a package, these measures are effecting radical change and reform within the court structure. I believe they are in the public interest and will be widely welcomed.

I also thank Members for their co-operation in dealing with various issues under the insolvency legislation. When it came to the work the Insolvency Service of Ireland was obliged to do and to the drafting of the various rules and regulations, it became clear that some additional clarity was needed in some sections. I had always stated, in the context of what was a very comprehensive and detailed Bill, that I would revert to the House as rapidly as possible with whatever amendments were required and I thank the Deputies for their co-operation in this regard. The Insolvency Service of Ireland will be fully functioning within a matter of days. As Members are aware, the service was established in March and the rules and regulations relating to personal insolvency practitioners, PIPs, have been signed off and published for approximately three weeks. Other rules and regulations of relevance to the service have been made and I am told the information technology system that will ensure less paper is used and there is greater efficiency in communications between it and the courts is at a well-advanced stage.

Finally, I thank the officials in my Department and in the Office of the Attorney General for the substantial and speedy work undertaken on this Bill. We have managed to use this Bill to address a broad number of areas, as other reforms are contained in the Bill that fall under the civil law miscellaneous provisions title but to which I will not now refer. However, it was possible to use the Bill as a vehicle to address some issues that have required to be addressed for some time and I thank Members opposite for their co-operation in that regard, as well as my officials and those in the Office of the Attorney General for the substantial work undertaken by them.

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