Martin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

I am speaking on behalf of Deputy Ó Laoghaire who, unfortunately, cannot be present.

I thank the Minister of State for bringing the Bill before the House. As it is quite straightforward, I will keep my comments brief.

The Bill has the support of Sinn Féin. We wish to see it proceed as quickly as possible to address the volume of cases before the Court of Appeal. The purpose of the Bill is to provide for an increase in the maximum number of ordinary judges of the Court of Appeal from nine to 15. The Court of Appeal has a very significant volume of work because of the caseload it inherited from the Supreme Court and the volume of new cases it is taking on. While there is a six-month average waiting time for criminal cases to be heard, it takes, on average, almost two years for civil cases to be heard. There are some examples where it takes up to four years. This has been a problem for some time.

In 2017 the President of the Court of Appeal warned that the court was close to being overwhelmed by its caseload. Mr. Justice Sean Ryan said delays of over one year in hearing most appeals would get worse unless action was taken as the court was "coming to the point of being overwhelmed." The Court of Appeal was established in October 2014 and inherited approximately 1,650 appeals from the Supreme Court. However, with 600 new appeals from the High Court each year, the delay before an appeal can be heard has grown. Mr. Justice Ryan believes the Court of Appeal can deal with approximately 320 appeals each year. The Chief Justice has supported the need for this measure. The Bar Council and the Law Society of Ireland have also been anxious to see this issue resolved.

Criminal matters were, rightly, prioritised, but the uncertainty involved for all concerned is unjustifiable and deeply worrying. An access to justice issue arises. As the adage goes, justice delayed is justice denied. When somebody must put his or her life on hold for two years or more, perhaps after a year, two years or more in the system, it becomes intolerable. According to the 2017 annual report of the Courts Service, when the Court of Appeal was established in 2014, a backlog of 1,355 civil cases were transferred to it. At the end of 2017, only 649 of the 1,355 cases had been resolved.

We must ensure the process of making judicial appointments is dealt with. Some are seeking to delay it and maintain a system based on patronage and connections. That might suit some people, rather than making it more transparent and independent, with a lay majority. The Seanad has been prevented from dealing with that important issue owing to filibustering, which is a shame. We also must have the Judicial Council Bill 2017 enacted, including the sentencing guidelines Sinn Féin negotiated to have included in the legislation. It is key to judicial reform and respects the independence of the Judiciary.

In any state the provision of justice and access to the courts are fundamental to the functioning of a democracy. Any delay in accessing justice is unacceptable. I am happy that the Minister of State has been proactive in bringing forward this legislation before the backlog becomes unmanageable to the point of paralysis. Will he clarify how the number of 15 was arrived at and whether it will be enough to address the backlog of current cases in a reasonable timeframe? Does he believe the issue has been addressed by the prospective appointments should current case trends continue?

Again, Sinn Féin supports the Bill and wishes to see it enacted as a matter of urgency.

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