Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I support the legislation. The Oireachtas Joint Committee on Justice, Defence and Equality also does excellent work in this regard. Yesterday it launched three excellent reports on community courts, the heads of the Children and Family Relationships Bill and the heads of the Criminal Justice (Community Sanctions) Bill, respectively. These reports were prepared by a cross-party group of Deputies and Senators. That is the kind of valuable work we need to do in other areas.

The Bill is essentially technical in nature and involves amendments to a number of Courts Acts and related legislation in order to ensure the court of appeal will slot appropriately into the existing courts system. The court of appeal will be an intermediate court between the High Court and the Supreme Court and will deal with civil and criminal matters. It is anticipated that the new court will bring about real efficiencies in the administration of justice. However, efficiency should never be confused with short cuts. We must ensure a high quality and professional justice system which is fair and accountable. The court of appeal will allow the Supreme Court to concentrate on work that is relevant to that body such as developing the law in a principled and rational way. It is intended that the court of appeal will be operational by October. For this objective to be realised, it is necessary that the Bill be enacted during the current session.

I will address the specific sections of the Bill. Section 49 allows a judge or a former judge of the court of appeal to be appointed as chairperson of the Standards in Public Office Commission. Provision is also made to put in place the arrangements necessary should a chairperson of the commission who is a judge of the court of appeal be temporarily unable to act and for the continuation in office as chairperson of a person who ceases to be a judge of the court of appeal and is not appointed to another judicial office. It is important to recognise the valuable work done by the Standards in Public Office Commission because it is part of the new politics of the country and the reform agenda.

Section 52 relates to the membership of the Constituency Commission which is provided for in the Electoral Act 1997 and the arrangements which apply when the chairperson of the commission becomes unable to act or ceases to hold office as a judge.

Section 53 includes a judge of the court of appeal and a specialist judge of the Circuit Court within the definition of member of the judiciary for the purposes of exempting certain allowances from income tax.

Section 56 makes provision to address the consequences of the president or an ordinary judge of the court of appeal being appointed as chairperson of the Human Rights Commission and for related and consequential matters. That is very important because when we consider the broader issues, we must not forget justice, trust and human rights. In this regard, section 59 allows the court of appeal, in addition to the High Court and the Supreme Court, to make a declaration that a statutory provision or rule of law is incompatible with the State’s obligations under convention provisions.

Section 61 allows for the appointment of a judge of the court of appeal to inquire into the conduct of designated officers of the Garda Síochána Ombudsman Commission. This is an important section because anyone who works as a public servant must be accountable. I will be supporting the Bill because it forms part of a reform agenda and will create accountability and efficiency in the justice system.

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