Dáil debates

Tuesday, 2 July 2019

Courts (Establishment and Constitution) (Amendment) Bill 2019: Report and Final Stages

 

7:15 pm

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

The Minister of State is correct that no amendments were tabled on Report Stage.

We have been supportive of this legislation since it was introduced in the House. It is important. As the Minister of State has said, the Court of Appeal is an extremely busy court. Since it was established, it has been very efficient in dealing with appeals from the High Court and in taking the pressure of work off the Supreme Court, which primarily deals with constitutional cases. It is worthwhile increasing the number of judges in the Court of Appeal to the 15 provided for in this legislation. At present, there is a delay in hearing a case in the Court of Appeal. One would be lucky to have a case heard in 2021. One could probably have a case heard at the end of 2021 if one were seeking it now. There is a considerable delay in the court and it is important that we do not turn the court into one where there are very lengthy delays. Individuals are entitled to have their cases heard promptly. They are also entitled to have their appeals heard properly. We support the legislation and welcome it.

I was thinking of tabling an amendment in respect of the retirement age of judges. I did not do so because I believed it might be complicating for the Government and we want to get the legislation through promptly. As I said previously to the Minister, Deputy Charles Flanagan, there is a strong argument that the retirement age of judges should be increased from 70 to 72. Previously the age was 72 for judges at the superior courts. It has been reduced to 70. Sometimes people do not apply to become a judge until their mid-50s but this results in a disincentive because they do not get their full pension entitlements if they serve only 15 years in the superior courts. It is a matter that the Government should examine. People are living longer and are more sprightly. We should consider allowing judges to serve until they are 72. I welcome the legislation, however, and we support it.

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