Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move: "That the Bill be now read a Second Time."

Deputies will recall that the programme for Government indicated that the necessary steps to create a permanent court of appeal would be taken during the lifetime of the Government. On foot of that commitment, a referendum was held on 4 October 2013 and the proposal to establish a court of appeal was agreed to by the people. During the course of the referendum campaign, it was made clear that, if the proposal were agreed, the Government would move very quickly to enact the implementation legislation for the new court.

Section 5 of the Bill provides that the Government shall appoint a day to be the establishment day for the purposes of the Act, and I envisage that the court will be operational by autumn 2014, which is the start of the new legal term.

Given the technical nature of the general scheme of the Bill, it was not considered suitable for pre-legislative scrutiny. However, the scheme was made available to the Joint Committee on Justice, Defence and Equality so as to facilitate that committee in providing any views it deemed appropriate.

Under our Constitution, the judicial power is one of the three fundamental pillars upon which the institutions of our State rest. Our courts have a pivotal role in this society. This derives from the fact that the establishment and maintenance of an independent courts system is a critical element in upholding the regime of checks and balances, which is a fundamental attribute of the doctrine of the separation of powers. That separation of powers protects citizens against the potential abuse of public power, and also promotes the smooth and efficient functioning of the State. In this context, the courts have a particularly significant responsibility in terms of interpreting and applying the law to disputes between individuals and the State in addition to disputes that are wholly private in nature. They provide the ultimate forum in which such disputes can be resolved.

A properly functioning courts system provides certainty for the parties in individual cases and, where appropriate, offers a public explanation of the law to those who are not involved in the case in question. It helps to provide a legal framework within which individuals and businesses can arrange their affairs with a degree of confidence and security.

In the commercial sphere, in particular, legal certainty is essential and helps to underpin the confidence commercial entities must have that they are acting in a lawful manner and that their actions will not attract unwarranted legal criticism or challenge. Legal certainty simplifies the commercial decision-making process and allows for the clear and considered assessment of the advantages or disadvantages of a proposed course of action. The relative relevance of security against abuse of power, speedy and efficient dispute resolution and legal certainty varies from case to case, but it cannot be denied that in all scenarios a properly resourced and efficiently running courts system is essential.

The case for the establishment of a court of appeal has been well documented. The previous Government established a working group on a court of appeal in 2006. The group which published its report in August 2009 was chaired by the current Chief Justice, Ms Susan Denham, and comprised members of the Judiciary, representatives of the Bar Council of Ireland and the Law Society of Ireland and senior officials from the Attorney General's office, the Department of the Taoiseach and my Department. The report included a comprehensive analysis of the situation then prevailing in the Supreme Court, both in terms of the cases coming before that court and the length of time it took for such cases to be brought to a conclusion. It also reviewed the position in other common law countries where the existence of an intermediate court of appeal was the norm and set out a path towards possible reform.

See this speech in context