David Stanton (Cork East, Fine Gael) | Oireachtas source

I thank the Deputies for their Second Stage interventions in response to the Bill. In the main, Deputies have been supportive of it. As I set out during my opening statement on behalf of the Minister for Justice and Equality, Deputy Flanagan, my view is that while this is a small two-section Bill it will have a disproportionately positive effect in terms of the access to justice. If enacted, it will bolster the working capacity of the Court of Appeal so that it can keep up with the caseload demand while also working down any existing delays.

Hearing dates continue to be allocated weekly. Taking the optimal approach in case management terms, the appointment of six additional ordinary judges, as proposed under the Bill, would allow the current list to be reviewed by the President of the Court of Appeal. This could be done with a view to bringing appeals forward for earlier hearing dates than those that have been allocated under limited existing resources. The appointment of additional judges is not an indulgence but a necessity. Right now, as things stand, hearing dates for civil cases before the Court of Appeal have already been filled up to and including May 2021, with some space allowed for cases of urgency that can also be expected to arise during that period.

The Bill represents a further development of the appellate capacity of the courts following the creation of the Court of Appeal in 2014 in that we are now making provision to increase the maximum number of ordinary judges of that court from nine to 15.

Since 1995 there has been an incremental increase in the number of judges across the various court jurisdictions to meet working needs. The number of judges in the Supreme Court has increased by 29% with the appointment of two judges. It currently comprises the Chief Justice and nine ordinary judges. The number of judges of the High Court has increased by 95% with the appointment of 18 judges. The court now comprises the President of the court and 39 ordinary judges, two of whom are specially assigned. The Circuit Court has seen an increase of 54% with the addition of 13 judges. It now comprises the President of the court, 37 ordinary judges and six specialist judges. Similarly, at District Court level, there has been an increase of 26% in this period with the appointment of 13 judges. The District Court now comprises the President of the and 63 ordinary judges.

Deputy Kenny asked how the number of judges was arrived at. It was reached in consultation with the President of the Court of Appeal, the Chief Justice and the Courts Service. The process included analysis of current and projected caseload.

As set out, it is proposed to utilise the additional judges in dealing with civil, criminal and inherited appeals from the Supreme Court with these additional resources. The growth in figures since 1995 clearly illustrates the ever increasing workload that has been part of the Judiciary across the courts system with the support of the Courts Service and in the context of a growing national population. This, in turn, places consequent demands at the level of the Court of Appeal. Indeed, discussions are under way in support of the assessment of the ongoing needs of the respective court jurisdictions in terms of the number of judges.

This Bill, in enhancing the Court of Appeal to meet current demands, can also contribute to Ireland's competitive advantage as an English-speaking common law jurisdiction of international repute in the provision of international legal services as an EU member state in a post-Brexit setting. Indeed, the Government is supporting the joint initiative of the Bar Council of Ireland and the Law Library in this regard.

An ongoing review of the administration of civil justice at all court levels, approved by the Government in 2017, is being chaired by the Honourable Mr. Justice Peter Kelly, President of the High Court, and a report is expected at the end of this year.

Deputy Michael Healy-Rae would have been interested in this point but he has left the Chamber. It is intended to publish proposals in 2019 for a new approach to handling family law cases at District, Circuit and High Court levels, supported by legislation, to create a dedicated family court within the existing court structures, and the building of a new family law centre and children's court in Dublin 7. In recent years, we have seen the new Criminal Courts of Justice on Parkgate Street come on stream, and the wider public private partnership project, which has seen the development of new courthouse buildings in Drogheda, Letterkenny, Limerick and Wexford, along with the refurbishment and extension works to existing courthouses in Cork, Mullingar and Waterford.

We have two key Bills relating to judicial reform before the Houses. The Judicial Appointments Commission Bill 2017 is before the Seanad, where it continues on Committee Stage. We must not lose sight of the fact that, notwithstanding that differing views have emerged in the debate in that House, the objective of this Bill is to reform and develop the statutory framework for the appointment of judges to ensure that it is transparent and fair. To that end, the Bill sets out to replace the existing Judicial Appointments Advisory Board with a new judicial appointments commission. As such, it is a Bill to which some further reflection can be given following Committee Stage in the Seanad, including possible amendments on Report Stage. The Judicial Council Bill 2019 is also before the Seanad, where it completed Committee Stage on 2 April 2019. It is now awaiting Report Stage, with a number of amendments under consideration. As Members will recall, this Bill provides for the establishment of a judicial council, a judicial conduct committee, a judicial studies committee and other judicial supports.

Against the background of these and other ongoing measures being taken by the Government to enhance and modernise our courts and judicial system, there is a strong case for the provision under today's Bill of additional judicial resources for the Court of Appeal. As I said earlier, the Government is satisfied that the additional judicial positions are warranted to address the current demands being faced by the Court of Appeal and to improve efficiency in the appeals process, which both permeates and underpins the administration of justice under our Constitution. I note that Deputy O'Callaghan made the point that perhaps the creation of the Court of Appeal led to more appeals and more opportunities for people to avail of justice. By increasing the number of judges there, we are addressing the backlog, which is a major problem.

I thank Deputies for the engagement and, in the main, for their support in today's consideration of Second Stage of the Courts (Establishment and Constitution) (Amendment) Bill 2019. I commend the Bill to the House.

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