Mark Ward (Dublin Mid West, Sinn Fein) | Oireachtas source

Sinn Féin will support the Bill which, as has been said, has arisen from recommendations from the judicial planning working group. We support the purpose of the Bill to increase the maximum number of judges at various court levels. This is welcome particularly given last year's damning European Commission report which ranks Ireland as the worst country in Europe for judicial resourcing. It revealed that this State had 3.27 judges per 100,000 people in 2020 which pales in comparison with the European average of 17.6 judges. We have 14 judges per 100,000 fewer than the European average, which is shocking and translates into cases moving more slowly. There are widespread delays across the judicial system.

The State has been reprimanded by the Council of Europe over the wait times for criminal proceedings to begin. A separate Bill is due to come before the House to give compensation where people's rights have been violated due to delays in criminal proceedings. Steps to address this are important and the Minister of State has promised 24 new judges in the coming weeks with a further 20 to follow, which is welcome.

However, this increase, while in line with the recommendations of the working group, would still leave Ireland well below the European average in respect of judgesper capita.

Justice delayed, as Deputy Daly said, is justice denied and in sensitive cases, such as those for domestic violence, every added day without a resolution is prolonging that person's fear and trauma. Improved access to justice has been a difficulty for some time, particularly for those experiencing domestic and gender-based violence, and those with cases before the family courts. The courts system must be reformed so that it can hear cases without any unnecessary delays. Figures released to Deputy Martin Kenny recently indicate that the current waiting time for hearings in family court is between three and 24 months, depending on where the case is being heard. Victims awaiting hearings at District Court level have waiting times that vary between six and 36 months for trial. Throughout Ireland, people are becoming more and more aware of the scourge of domestic and gender-based violence, intimate-partner violence, harassment and coercive control. Many survivors will turn to the courts for help to free them from their abuse by applying for domestic violence orders, protection orders, safety orders and barring orders and by applying through the family courts for divorce orders, through to obtaining criminal convictions under the law through the District, Circuit and Criminal Courts.

However, the postcode lottery faced by victims in respect of court waiting times is adding to their trauma. While organisations such as Women’s Aid have complimented An Garda on its roll-out of Operation Faoiseamh during the pandemic, and the Garda pro-arrest approach in situations of domestic and intimate partner violence, the same compliments have not been afforded to the Courts Service owing to the delays detailed earlier.

The detailed submission made by Women’s Aid to the review of the National Strategy on Domestic, Sexual and Gender-based Violence, stated:

Our experience supporting mothers separating from an abuser indicates that the family law system fails women and children who are separating from a domestic abuser. The process is prolonged, costly and disempowering.

Sinn Féin in government would deliver much-needed change to invest in our courts system and ensure victims have access to a fair hearing and proper justice. Delays are inexcusable and mean too many people are left without justice for too long. Sinn Féin would end this scandal and ensure that our courts are fit for purpose.

I have said it already and I will say it again: access delayed is access denied. While these measures go some way and may address some of these problems, they do not go far enough and further steps need to be taken.

See this speech in context