James Browne (Wexford, Fianna Fail) | Oireachtas source

On Deputy Daly's question about the courts, the report of the judicial planning working group was published in February this year. It made 54 recommendations relating to five key areas. That work is ongoing. It included increasing the number of judges by 24 initially and a further 20 upon review. That review is being carried out in respect of delivery and reform of the Courts Service.

With regard to the numbers that are often cited from civil jurisdiction-type countries on the Continent, many judges on the Continent carry out prosecutorial and investigatory roles, which are carried out by An Garda Síochána or the Director of Public Prosecutions, DPP, here. They are very different systems and, as such, the numbers can often be out of kilter in that respect.

Several other reforms have been carried out in the courts system. These include the implementation of the review of the administration of civil justice, which made 90 recommendations with a view to improving access to civil justice, and the introduction of legislation relating to preliminary trial hearings, which is also being completed. The Courts Service modernisation programme is also being carried out and includes upgrading information technology, IT, in the courts.

On Deputy Berry's questions, for reasons of timing and Oireachtas scheduling, it was not possible for Ireland to opt in under Article 3 of Protocol 21 to the e-Codex regulation within the three months of presentation to the Council. That is an exceptionally tight time, in fairness to everybody. The Minister for Justice is strongly of the view that Ireland should now opt in to the e-Codex regulation as quickly as possible under Article 4 of the protocol. As I previously indicated, the e-Codex regulation provides for the establishment of a committee of member states to assist the Commission on matters such as technical specifications. Irrespective of when we opt in, justice officials in Brussels and the Department maintain ongoing involvement in all these regulations.

On Article 4 of the e-Codex regulation and the question of online data security, the fundamental rights and freedoms of all persons affected by the electronic exchange of data through the e-Codex system, in particular the right to effective access to justice and the right to a fair trial, the principle of non-discrimination, a right to the protection of personal data and the right to privacy, shall be fully respected in accordance with the law. Therefore, the digitalisation process has the effect that both the European Commission and various central authorities shall be regarded as controllers in respect of the processing of personal data. In those situations, whatever the numbers, and I do not have the numbers for the Deputy, all the fundamental principles of protection will have to apply to each and every case.

I thank the Deputies who contributed to this discussion. I welcome the broad support for these proposals reflected in their comments. I think we all agree that facilitating greater co-operation in judicial proceedings which have cross-border elements makes sense. There are already certain EU rules governing the conduct of communications, some of which provide for the use of modern technology. However, the existing rules do not ensure an adequate and holistic infrastructure for electronic communications between individuals, legal entities or competent authorities with the authorities of another member state. EU action is needed to co-ordinate member states' efforts and establish a coherent framework for the existing EU rules. Such action will improve the efficiency, resilience, security and speed of cross-border judicial procedures. In doing so, it will simplify and speed up communication between member states' authorities and with individuals and legal entities, thus improving the administration of cases with cross-border aspects and-or implications.

In addition, application of the initiatives discussed today will result in a constituent digital judicial environment across member states, rather than the current patchy digitalisation arrangements. Most important, they will enhance access to justice for citizens and businesses and support the State in its activities in cross-border civil and criminal areas in which Ireland already participates. As I said, opting in to the e-Codex regulation will allow Ireland to participate in the governance and implementation of structures which the regulation sets out. As also noted, undertaking the required procedures now and in relation to proposals for a digitalisation regulation and the digitalisation directive will facilitate Ireland's opt-in immediately upon their adoption.

Seeking the approval of the Houses for these measures together is sensible, given their close relationship. The regulation concerns the sustainability, management and governance of the e-Codex system, the IT system through which electronic data will be exchanged in cross-border proceedings. The digitalisation proposals amend a number of civil and criminal justice instruments to provide for a mandatory use of e-Codex in communications under their instruments. The proposals mandate the use of digital tools in the communication process and provide a legal basis for the use of video-conferencing in cross-border cases, while the application of these proposals should facilitate increased legal certainty, reduce costs and delays and enhance protection of parties' procedural rights by establishing a digital communication channel enabling the effective use of digital tools in cross-border judicial co-operation proceedings.

I believe the benefits of Ireland's participation in these measures insofar as they impact on instruments in which Ireland already participates will accrue for individuals and businesses alike, as well as agencies such as the Courts Service, in enhancing and speeding up access to justice. I ask Deputies to support these motions and Ireland's continued active engagement with EU member state partners in judicial co-operation.

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