Enda Kenny (Mayo, Fine Gael) | Oireachtas source

The Deputy is certainly correct when he says that justice delayed is justice denied. I make the point that when I was elected Taoiseach in the first instance, the delay in getting cases into the Supreme Court was over three years and there was a huge backlog right across the entire spectrum of the judicial courts. One of the issues that arose was that a court of appeal should be set up to deal with cases that the High Court would have dealt with but which should not go directly to the Supreme Court because of the delays there. Instead, those cases would be sent to a court of appeal for decision. It took some time to establish the Court of Appeal but when it was set up, it began to work very effectively.

As I understand it, although I do not have the figures in front of me, the number of judicial vacancies in all of the courts is very small at present. I may be wrong, however, and Deputy Martin may have different information. I do not engage with members of the Judiciary on a regular basis and for very good reason. As I understand it, the number of vacancies in the Judiciary is very small. The Deputy is aware of the appointment process that has been followed for many years.

The Tánaiste has set out her views in respect of putting together a judicial appointments commission. That has been responded to by the Office of the Parliamentary Counsel and, as I understand it, that response has been sent to the Department of Justice and Equality. The Deputy must understand that the Court of Appeal has requested that a further subsection of the court be set up and this would require the appointment of a number of judges. I am not sure how many would be needed but this is not what was intended. Far be it from me to say that the learned members of the Bench are not able to do their job - they are - but the intention in setting up the Court of Appeal was not to have so many cases lying for years before being dealt with by the Supreme Court.

It is not true to say that judges cannot or will not be appointed. The legislation is being proceeded with to drafting conclusion and will be brought before the House. Clearly, I am quite sure that if it was absolutely necessary to make a judicial appointment or appointments, then that would happen.

I understand that, as and from some weeks ago, the number of judicial vacancies is very small. There are none in the Court of Appeal, as far as I can recall, rather they relate to the District Court, the Circuit Court and elsewhere. I will check the figures and advise Deputy Martin on the situation. That is different to the request to set up a new subsection of the Court of Appeal dealing with X number of judges.

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