Patrick Costello (Dublin South Central, Green Party) | Oireachtas source

It is very easy for us to be effusive and wax lyrical about the fundamental importance of the separation of powers and an independent judiciary. It is also very hard to overstate it because it is absolutely fundamental to a functioning democracy. We can argue about the separation between the executive branch and the legislative branch another day but at least we have had a strong tradition of judicial impartiality and a strong independent Judiciary.

As Deputy Howlin said, we do not have to look very far to see the consequences for justice when that is impacted and undermined. It is easy to talk about concepts such as justice but it is a fundamental thing that is felt every day by people standing in the courts in front of a judge. Knowing they are getting the best judge, arbiter and decision-maker to stand in front of is of fundamental importance and is absolutely important to get right.

I welcome this Bill and our improvements and reforms to ensure we and the Government make the right decisions and that our courts remain apolitical, independent and unafraid of Government in order to make those strong decisions that are needed in the name of justice and the basic rights that we give ourselves in our Constitution. They are the protectors of Bunreacht na hÉireann.

One of the things I truly welcome in this Bill is the onus on diversity within our Judiciary. It is incredibly important that the Judiciary looks like modern Ireland and represents every voice. If somebody is standing in a courtroom wondering whether he or she will get justice, knowing that the Judiciary reflects him or her and modern Ireland is an assurance to that person that he or she will and can in fact get justice. That is fundamentally important.

Equally I welcome the requirement and improvements with regard to judicial training and continuing professional development. Like others in this House, I have sat in a witness box in a professional capacity. I have stood in front of a judge in a professional capacity. Let me just say the variety of experience judges have and the variety of wisdom they can bring to a case is interesting. It is also incredibly important.

When I was a social worker we were working in Dolphin House. We often talked about theoretical or professional concepts from social work such as attachment, parenting capacity and such. A barrister who has spent most of his or her time dealing with a commercial list and is appointed a judge may have no idea what I am talking about. It is a huge step forward to ensure that those things are happening in terms of training and continuing professional development. Suitability to make the important calls as they sit on the bench is not just judged at the moment that they are appointed. It continues throughout their career.

There is a movement to more specialised courts and with that comes more specialised barristers. I spoke to one friend who used to do a mix of criminal and tort work. Since the opening of the new courts of justice, he has dropped his tort cases because he just cannot move between the two buildings sufficiently. As we open new family law courts and buildings that will happen again. We are producing more specialised barristers. That is not necessarily a problem but these people become judges and end up judging something that is criminal when they have never been a criminal practitioner or judging family law while all they have ever done is company law.

We need to be cognisant of over-specialisation and the impact that my have. That is a very nebulous concept but it is important to raise. Continuing professional development and judicial training is an important break on that. That is not to cast aspersions on any of our current Judiciary but it is an unintended consequence that we need to be aware of into the future.

It is not just about the quality. It is also important to talk about the quantity of judges. This is especially important in terms of access to justice. We could talk about legal aid but with one minute and 20 seconds left, I am not sure I have enough time for that. Former Chief Justice, Mr. Frank Clarke, recently chaired a conference on access to justice and talked about how Ireland languishes at the bottom of various international tables in terms of our spending on justice. We have 3.3 judges here per 100,000 of population compared to a European average of 21 per 100,000.

I was speaking to one barrister, the same barrister as earlier, who in January was getting a trial date for someone he was defending in March 2024. These are significant waits. When we talk about the sea change for victims of sexual violence, dragging cases out for two or three years is part of that.

It is not just the High Court but also the District and Circuit Courts where there are huge waiting lists. We must tackle this backlog of cases by appointing more judges and by appointing judges who are not necessarily bound to one district or circuit but who can move to wherever there is the demand and need. It is not just about the quality of judges but about the quantity of judges. I welcome this Bill, which addresses issues of ensuring we have the same quality of judges in future as we have had so far, but we must also address the issue of quantity.

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