Mattie McGrath (Tipperary South, Independent) | Oireachtas source

I am delighted to have an opportunity to speak about this important legislation and thank Deputy Finian McGrath for sharing time with me. I note that the Bill will give effect to the referendum decision on the court of appeal. While I do not want to question the outcome of the referendum, I have criticised the manner in which it was simply added on to the children's rights referendum with little debate. The media found it difficult to find anyone who was prepared to speak in support or against the proposal. We did not have sufficient notice or engagement on the proposal, which is not good for our democracy.

The legislation will place a new layer of judges between the High Court and the Supreme Court, which is important in itself. At the time of the referendum, there was no indication from the Government or the independent commission what duties would be involved. That is what we are now talking about in the enabling legislation. I acknowledge that it is difficult, but the broad parameters should have been discussed in the debate and available to people to facilitate their understanding and participation in the vote. As we have heard from the Minister herself and other speakers, the delays in the courts are enormous and have been for years. Justice delayed is justice denied. It is unacceptable to have to wait four and a half years for a case to be heard. A great deal of change can occur in that time. Litigants and counter-litigants may die or their circumstances may change. Chief Justice Susan Denham has rightly voiced her opinion about this issue on a number of occasions and it is important that she be listened to. It is vital that justice be done and seen to be done in a timely fashion.

There was no explanation of the costs involved. I now see that the estimated establishment costs are €2 million annually, perhaps moving to €3 million. We cannot have an open chequebook. There must be accountability and proper control of the costs that will be incurred. I am delighted the Minister is here, as she was previously the Minister for Children and Youth Affairs. I have referred countless times to the importance of the House and everyone else listening to the courts when they decide cases, especially when it is a unanimous decision of the Supreme Court. I note the Supreme Court decision on the way in which moneys voted by the House were expended by the independent commission and Government on the other referendum that was held on the same day. I have asked countless times for the Ceann Comhairle's indulgence in respect of a debate on that and an indication of when we are going to act.

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