James Browne (Wexford, Fianna Fail) | Oireachtas source

I move: "That the Bill be now read a Second Time."

I am pleased to present to the House the Courts Bill 2023. This is a short and technical Bill consisting of amendments to existing legislation for the purpose of increasing the statutory maximum prescribed number of judges of the District, Circuit and High Courts and of the Court of Appeal.

The background to this Bill is the report of the judicial planning working group which has recently been received and considered by the Minister and the Government. The judicial planning working group was established in April 2021 by the then Minister for Justice, Deputy McEntee, in line with the commitment in the programme for Government to consider the number and type of judges required to ensure the efficient administration of justice over the next five years in the first instance, but also with a view to the longer term. The working group was independently chaired by a former Secretary General of the Department of Education and Skills, Ms Brigid McManus. It comprised representatives of Government Departments, the Office of the Attorney General and the Courts Service. Two judicial observers were nominated by the Chief Justice to assist the working group. The working group highlighted certain key objectives. Judges are key persons at the heart of the courts system. An effective courts system that provides timely access to justice is of central importance to society and the economy, given the courts' role in the prosecution of crime, in helping families and individuals to resolve their disputes, in the resolution of business and property problems and in protection of the vulnerable. A stable well-functioning courts system that can give decisions within a reliable timeframe is an important part of Ireland's attractiveness to foreign business and feeds directly in to Ireland’s prosperity.

However, the working group concluded that current judicial numbers cannot meet these objectives fully given population growth, new and growing areas of law, and the increasing complexity of issues raised before the courts. The working group was very conscious of the position in the courts with delays and backlogs, exacerbated by the Covid-19 pandemic, having an adverse impact on individuals and on society more generally. Accordingly, the working group recognised the need for a sizable increase in judge numbers and sustained investment, alongside other measures, to improve matters. The Minister is committed to improving access to justice for all of our citizens. An efficiently functioning courts system is a critical component of a modern liberal democratic society founded on the rule of law. It is vital that our courts are properly resourced to deliver on policy initiatives under the programme for Government, including the full commencement of the Assisted Decision-Making Capacity Act providing a new legal framework for supported decision-making in Ireland; a dedicated planning and environment division of the High Court to enable more efficient management of cases dealing with planning and environmental matters and judicial review in particular; and a family law Bill to create a new dedicated family court within the existing court structure and to provide for court procedures that support a less adversarial resolution of disputes.

A key input for the working group was a study commissioned by the Department of Justice from the OECD specifically to inform that working group’s work. This study was published by the OECD in parallel with the working group report. This independent review of Ireland’s judicial resource needs was a key input to the work of the working group. Overall, the OECD study found that the Irish judicial system has a shortfall of judges. The OECD proposes that, considering all caveats and in the context of existing procedures and technology, the likely number of additional judges needed is between 36 and 108. It also states that improving procedures and operations and enhancing case management systems and IT infrastructure may deliver greater efficiencies and potentially reduce the number of judicial positions required.

The working group report made a range of recommendations which are received in the context of important developments, under way and planned, to improve the administration of justice in Ireland. The Courts Service modernisation programme is a ten-year programme which will deliver a new operating model for the Courts Service designed around the user, with simplified and standardised services and accessible data to inform decisions, all delivered through digital solutions. Together, these developments represent a demanding multi-annual change programme for the Judiciary and the Courts Service.

A significant number of additional judges will be needed over the next five years. The working group recommended that a phased approach be taken to addressing judicial resourcing. The Government agreed with this phased approach and it is the Government's intention to appoint an initial tranche of 24 new judges in 2023, with a further 20 new judges following the implementation of reforms and efficiencies, as has been recommended. The working group also recommended that, before the additional judges in phase 2 are proceeded with, there should be an assessment of the extra judges appointed in phase 1 and also of progress in the change programme. The Government will want to see evidence that the appointments made under phase 1 are having an impact on waiting times and improving access to justice for the citizen. Both the working group and OECD have highlighted the need for a substantial programme of change initiatives without which the demand for additional judges would be even higher. Key proposals to be considered include District and Circuit Courts sitting five days a week; impact assessment for policy or legislative proposals impacting court operations; strategic HR for the Judiciary; structuring the District Court; reviewing the Circuit Court geographical areas; additional powers for court presidents to manage their court jurisdictions; and extensive recommendations relating to data collection and management.

The Justice Plan 2023 commits to bringing this work forward in the following ways. We will finalise and agree key performance indicators with the Courts Service to measure the impact of the modernisation programme and the implementation of the final report of judicial planning working group. The Government will agree and publish a judicial plan working group implementation plan in quarter 2. I am committed to improving access to justice for all of our people and this legislation will ensure our courts are properly resourced to deliver on Government priorities, such as a planning and environmental court and new family courts.

This is a short Bill consisting of seven sections, which I will briefly outline. Section 1 provides for a definition for the purpose of the Bill.

Section 2 provides for an amendment of section 1A(2) of the Courts (Establishment and Constitution) Act 1961 to increase the statutory limit on the number of ordinary judges of the Court of Appeal from 15 to 17.

Section 3 provides for the amendment of paragraph 2(1)(b) of the Sixth Schedule to the Courts (Supplemental Provisions) Act 1961 for the purpose of increasing the number of moveable judges of the District Court by eight to 28. A moveable judge of the District Court is a person not permanently assigned by the Government to a particular district at the time of his or her appointment. Such an increase could enable the President of the District Court to allocate judges to where the need is greatest at any particular time.

Section 4 provides for an amendment of section 9 of the Courts and Court Officers Act 1995 to increase the statutory limit on the number of ordinary judges of the High Court from 42 to 48.

Section 5 provides for an amendment of section 10 of the Court and Court Officers Act 1995 to increase the statutory limit on the number of ordinary judges of the Circuit Court from 40 to 45. To this number should be added the recent increase of three following the commencement of section 98(1) of the Assisted Decision-Making (Capacity) (Amendment) Act 2022. Thus the actual increase in phase 1 is eight ordinary judges of the Circuit Court.

Section 6 provides for an amendment of section 11 of the Courts and Court Officers Act 1995 to increase the statutory limit on the number of judges of the District Court from 63 to 71.

Section 7 provides for the Short Title of the Bill and a collective citation. These are standard provisions.

Independent, impartial and efficient Judiciary and courts are critical to our democracy. This substantial increase in judicial resources will be complemented by the ongoing implementation of the far-reaching Courts Service modernisation programme for which additional funding has been provided in 2023, as well as strategic reforms of court operations including the frequency, location and management of courts. I commend the Bill to the House.

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