Niall Collins (Limerick, Fianna Fail) | Oireachtas source

I reaffirm the support of Fianna Fáil for this Bill. We welcome the Bill as the implementation Bill facilitating the establishment of a new court of appeal for Ireland. The people of Ireland endorsed the creation of a court of appeal in the referendum in October 2013. It is our wish and that of Members in this House and the people of Ireland that the creation of a new court of appeal will alleviate the extremely heavy workload placed on the Supreme Court and the significant delays encountered there. The current estimated time of reaching the Supreme Court on appeal is approximately four and a half years. This waiting time is simply unacceptable and certainly undermines the ability of citizens to access justice in a manner we would see as fitting in a 21st-century republic.

The creation of a court of appeal was advocated by Fianna Fáil in its 2011 election manifesto and the original report on this matter was commissioned when my party was previously in Government. That report sought to establish a new court that would eliminate undue delays in processing appeals, create an appeals structure that would be cost-effective and enhance the administration of justice in the superior courts. I believe the structures of the Court of Appeal as outlined in this legislation will address these issues in a comprehensive manner. We have previously discussed Chief Justice Denham's warning with regard to the delays currently being experienced in our legal system. We all agree that the failure to address the problem of delays in Ireland's appeal court system could damage our society and the economy. The serious delays of up to four and half years in the Supreme Court are having a negative impact on our economy and Ireland's international reputation as a place to do business.

Our original legal infrastructure was established in the 1937 Constitution and confirmed in the Courts Act 1961. Much has changed in that time. The massive increase in litigation and population since then has generated significant challenges for our legal system's structure. Our population saw an increase of almost two million people between 1961 and 2011. The nature of modern litigation has resulted in an increased number of cases being brought before the courts which are often more complex as a result of increased legislative provisions. Our courts have had to adjust to the massive increase in legislative regulations and directives from the EU which have had a major impact on every aspect of our lives and our countries. Yet the constitutional constraints placed upon the Supreme Court led to it remaining stationary in the face of the pressing need to adapt to new demands.

The number of High Court judges has expanded from seven to 36 while the number in the Supreme Court has expanded from five to only 11 in the same period, creating a major gulf in capacity. While progress had been made in the establishment of a commercial court to fast track disputes, appeals from this court were still subject to the same delays before the Supreme Court. It is important to say however that the Judiciary and the Courts Service must be commended in many ways on how they have handled the increasing number and complexity of cases which have come before them with the limited resources they have. This Bill should assist the Courts Service and judiciary in delivering a better service to all our citizens.

Unlike the Supreme Courts in the US or the UK, which hear fewer than 100 cases a year, the Irish Supreme Court cannot filter out all but cases of exceptional constitutional and public importance, resulting in a waiting list of up to four and a half years. The onerous delays in Supreme Court judgments jeopardises Ireland's international obligations. As previously referenced in this House, under the European Convention on Human Rights, member states are obliged to ensure that excessive delay does not occur in domestic proceedings within their courts. Ireland is also a signatory to a Council of Europe protocol which states that everyone convicted of a criminal offence has the right to have his or her conviction or sentence reviewed.

The Chief Justice, Mrs. Justice Denham, has said that the situation in the Supreme Court was "unsustainable, untenable and it cannot be defended". Appeals lodged today may not be heard until 2018. A speedy resolution of disputes is important in any successful economy where the rule of law applies fairly, ensuring swift access to justice for all. Hopefully, this legislation will go some way in rectifying that. I hope the Minister has remained in regular contact with the Chief Justice to ensure that once the court of appeal is established there will be a smooth transition from the previous legal architecture to the new structures. The resources, staff and judges must be in place to ensure a smooth transition happens.

It has been stated that initial capital costs to establish the court of appeal are estimated to be €2 million, with ongoing annual costs of between €2.5 million and €3 million. The Minister might outline to the House when she believes the first cases will begin to be heard by the court.

It is important in a 21st century Republic that the justice system not only deals with cases effectively, but, above all, is accessible to all citizens who seek to utilise it, regardless of means. The high cost of legal services continues to pose problems for the country. Legal costs are still prohibiting people from accessing justice through our courts. The European Commission has raised concerns about these costs restricting economic growth, especially for SMEs. The cost of legal services remains 12.1% above 2006 levels, according to the Commission. This contrasts markedly with the post-crisis development of other services.

I remain unconvinced that the Legal Services Regulation Bill 2011 in its current form will result in dramatically reduced costs in the legal sector. The Minister might consider carrying out an impact assessment on the legislation on costs in that sector 12 months after its passage to see how effective the legislation has been.

Fianna Fáil will vote in favour of this necessary reform of the court structure in Ireland and hopes to offer constructive amendments as the Bill passes through the Oireachtas.

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