Dáil debates

Tuesday, 30 May 2023

Court Proceedings (Delays) Bill 2023: Second Stage (Resumed)

 

6:15 pm

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

Like colleagues, I welcome the opportunity to examine the Court Proceedings (Delays) Bill 2023. As has been noted by colleagues in the House, this is a largely technical Bill brought forward in response to the judgment of the European Court of Human Rights in McFarlane v. Ireland, where the applicant took a case on the basis of a delay to legal proceedings in a reasonable time.

Having an efficient courts system that provides timely access to justice is of central importance to society. The courts exist to protect our rights and uphold the rule of law. At some point, most people are likely to have reason to interact with the courts system. When we do, it is important that we experience an efficient, fair and timely service that is equally accessible to all.

I would like to raise two other aspects of delays to the administration of justice and the legal system. As the Minister of State will be aware, Deputies across the House have raised concerns about significant delays in the family courts system. Clearly, the administration of the courts is a matter for the Courts Service alone. However, it would be remiss of me if I did not highlight the impact this is having on families, in particular children. I believe it is important that the Minister for Justice reach out to the Courts Service to see if additional support is needed and a plan to clear case backlogs implemented.

Like other Deputies, I am aware of very significant delays with the granting of probate, in particular in Dublin. Again, I believe the Minister for Justice could reach out to the Courts Service to see if additional support is needed, including a plan to clear case backlogs implemented as delays to the granting of probate are having a material impact on families.

Finally, while I am speaking on the subject of justice, I wish to highlight my concern about the regulations and law around members of the Garda pursuing vehicles where necessary. I am delighted that the Minister of State is here because as we are aware gardaí should have the powers they need to do their job. It is completely unacceptable that they would have to worry about carrying out basic functions while they are protecting the public. I am sure we have all seen the recent reports of vehicles travelling the wrong way down motorways to evade arrest. Criminals appear to be exploiting the situation and this is not acceptable. I ask the Minister of State, Deputy James Browne, to work with his colleague to review the situation and, if necessary, bring forward emergency legislation to ensure members of the Garda have the necessary powers to carry out their duties and keep the public safe.

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