Dáil debates

Wednesday, 19 April 2023

Courts Bill 2023: Second Stage

 

2:30 pm

Photo of Martin BrowneMartin Browne (Tipperary, Sinn Fein) | Oireachtas source

In a report published by the European Commission last year Ireland was ranked as the worst country in Europe concerning judicial resourcing at 3.27 judges per 100,000 people in 2020. To say this was below the European average is to be kind. The truth of the matter is that the European average is 17.6 judges per 100,000 people.

There is a real deficiency there. I am also reminded of the waiting times at District Court and Circuit Court levels being faced by victims of crime in parts of County Tipperary, particularly those experiencing domestic and gender-based violence and those with cases before the family courts. The idea that someone in Nenagh who requires a domestic violence order might face a wait of six to 12 weeks, and a six-week wait in Clonmel, is unconscionable.

There is an issue with how timely access to justice can depend on geographical location. There is, therefore, a postcode lottery which, again, is a failure of people. In the case of victims of domestic violence, for example, who may seek criminal convictions under the law through the District Court and Circuit Court, that their location, especially in rural areas, determines how timely their access to justice will be only prolongs the trauma. I urge the Minster of State to ensure that when considering the forthcoming review of Circuit Court and District Court areas, access to justice is given particular focus, not just the efficiencies that can be achieved.

There are widespread delays across the judicial system. The issues we are discussing have become such that the time involved in getting criminal proceedings under way has led the Council of Europe to reprimand the State and actively monitor the progress the Government is making in addressing the issue. We have all heard the phrase "Justice delayed is justice denied." However, for the substance of that phrase to be reflected through an upcoming Bill to compensate people where delays to criminal proceedings have violated the rights of defendants speaks to the sheer scale of the problem that has developed. Delays can cause further trauma, difficulties and insecurities for the people concerned. For these reasons, I support this Bill to amend the maximum number of judges in the Court of Appeal, Circuit Court and District Court. Unfortunately, addressing the shortage of judges is a process that will take time, such is the consequence of the length of time this has been allowed to go unaddressed.

I note the Minister promised 24 new judges in the coming weeks, with a further 20 to follow, in line with the recommendations of the working group established in recognition of the problem. That is an important recognition. As I said, it is part of a slow process and will still leave Ireland far below the European average. I support this Bill and want to see it pass but I urge continued efforts to ensure timely access to justice for all people, no matter their geographical location.

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