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

There is an independent structure to deal with appeals in this area. I note the judgment to which the Deputy referred. As I said, people are entitled to have access to the courts. It is not the function or role of the Minister to deal with the hearings of these cases. There is a structure in place to do that, which is independent. If there is a procedural or substantive failure, the individuals concerned are entitled to draw the matter to the attention of the High Court. There have been cases taken in the High Court in which applicants have been successful. There have also been cases taken which have been unsuccessful.

As I understand it, there are currently more than 1,000 cases awaiting hearing in the High Court. The courts are independent of the Minister. It is for them to determine how they cope and deal with the number of cases awaiting hearing. I cannot interfere in that process. I agree that the number of cases awaiting hearing is a matter of concern. I do not want to say anything that would prejudice in any way the outcome of a single case. I am sure that in some of those cases the applicants will be successful and in others they will be unsuccessful. That will derive from issues that have arisen out of the current statutory structure that exists to deal with these matters. I want to get on with the reform we need. I would much prefer it the legislation had been enacted by now. Unfortunately, that has not proved possible. However, it will come before the House this year.

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