Dáil debates

Wednesday, 19 April 2023

Courts Bill 2023: Second Stage

 

3:10 pm

Photo of Cormac DevlinCormac Devlin (Dún Laoghaire, Fianna Fail) | Oireachtas source

I welcome the opportunity to examine the Courts Bill 2023. I thank the Minister of State, Deputy Browne, and his officials for their ongoing work on this important and technical legislation. I also acknowledge the Minister of State's presence throughout this Stage of the Bill.

At the heart of this Bill is the objective of improving access to justice for all citizens by ensuring the courts are properly resourced to deliver justice efficiently, especially around the new family courts. Having an efficient courts system that provides timely access to justice is of central importance to our society. The courts exist to protect our rights and uphold the rule of law. Most citizens will have reason to interact with the courts system at some point. When they do, it is important they experience an efficient, fair and timely service that is equally accessible to all. The Courts Bill 2023 allows for an increase in the number of judges in the District Court, Circuit Court, High Court and Court of Appeal. It will, therefore, implement recommendations from both the report of the judicial planning working group and the OECD. This substantial increase in judicial resources will be complemented by the ongoing implementation of the far-reaching Courts Service modernisation plan, for which additional funding has been provided in 2023, as well as strategic reforms to court operations including the frequency, location and management of courts.

I am mindful of the independence of the Judiciary. Some of the remarks made by Members during this debate display an ignorance of the workings of the courts, especially around issues like the attire and the impact of crime on victims. They were unhelpful and added little to the debate. Judges, barristers, solicitors and the entire legal community work hard, in many cases in difficult circumstances, to administer justice fairly. However, Deputies across the House will be aware of the significant delays to court lists, especially at the family court. I am aware of one case that has been ongoing for almost 18 months and has yet to reach a substantive hearing. This is completely unacceptable, particularly for the children involved, who are massively impacted by the delay.

The Bill will deal with these delays through the appointment of 44 new judges. The increase in the number of judges will be implemented in two phases, as the Minister of State earlier outlined, with provision for 24 additional judges this year and a further 20 judges, subject to an assessment of the impact of the initial appointments. This will ultimately increase the overall number of judges from 173 to 217. It is critical that the increase in the number of judges is accompanied with reforms to improve efficiency, such as a five-day sitting week for the District Courts and arrangements to give court presidents more powers to manage their court jurisdictions. People who interact with the system currently report long delays to cases, but also disruptions to court hearings due to the lack of judges. It has been mentioned that justice delayed is justice denied, and that is true. This Bill will increase the number of judges and it is an important step alongside the Courts Service modernisation plan, the Family Courts Bill 2022 and further capital investment in new facilities, which is very much required.

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