Alan Shatter (Dublin South, Fine Gael)
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The working group on a court of appeal recommended in 2008 that a court of appeal be established by way of constitutional amendment. While the Court of Criminal Appeal has existed under legislation since 1961, the group strongly recommended a combined appellate court, encompassing both criminal and civil cases, should be established under the Constitution. There is a commitment in the programme for Government to establish a court of appeal and the group's recommendations are being examined in that context. The current Chief Justice, Mrs. Justice Denham, chaired the working group and I note and welcome her recent comments on this subject. It is my intention to bring forward recommendations to the Government in this regard as soon as possible.

The Deputy will appreciate that in the current economic climate I have an obligation to ensure an approach to implementation which will minimise the net additional costs, having regard to the economic and financial benefit of a more timely conclusion of litigation. The objective is to bring forward a more streamlined and less costly solution rather than the simple provision of another judicial layer. It is my intention to finalise examination of the detail and to progress the matter at the earliest opportunity.

A decision remains to be taken by the Government as to when such a referendum will take place in the context of other referenda. However, I do not anticipate the holding of a referendum on a court of appeal will arise before 2013, not least because more public engagement and debate will be essential and two referenda are already scheduled for this year.

Regarding Supreme Court delays, as the Deputy will be aware, the allocation of court business is a matter for the Judiciary. I understand, however, that the Chief Justice has taken a number of measures to address the waiting time for appeals in the Supreme Court, which currently stands at 36 months for ordinary cases. I am informed that the list is under constant review and actively managed by the Chief Justice to prioritise those appeals that necessitate expedited hearings. The court has on occasion sat in two Benches to deal with cost-related appeals as well as short appeals. The Deputy will appreciate a careful balance is needed between time allocated to court sittings compared with producing judgments and I am advised that a recent review of the reserved judgments list is also proving effective.

The Government moved quickly to fill the vacancies arising from recent retirements from the Supreme Court and the nominees will be formally appointed by the President later this week. It should also be noted that sanction has recently been granted by the Department of Public Expenditure and Reform for four new judicial fellow posts attached to the Supreme Court and Court of Criminal Appeal, who will provide list management and research functions in order to speed up the courts' throughput further.

Dara Calleary (Mayo, Fianna Fail)
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I thank the Minister. I welcome the nomination of Mr. Justice Frank Clarke and Mr. Justice John MacMenamin, two fine servants of the State who will bring great experience to the Supreme Court. I wish them well.

What is the timeline? We will not have a referendum in 2012, but does the Minister wish to take steps, for example, public consultation or public discussion, during 2012 with a view towards preparing the ground for a referendum on this issue in 2013?

Regarding delays in the courts system generally, if the Minister has the information with him, how many judges retired at the end of February? What plans are in place to replace those retirees?

Alan Shatter (Dublin South, Fine Gael)
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Today, the Government made decisions regarding appointments to the Circuit and District Courts. There were seven vacancies based on retirements and the untimely death of a member of the District Court some months ago. There were seven appointments made today to the Circuit Court to fill all vacancies therein. There were five appointments made today to fill five vacancies in the District Court. One of those appointed to the Circuit Court today was promoted from the District Court, Judge David Riordan, who was sitting in the Cork District Court. As a result of his appointment, there are three further vacancies to be filled in the District Court. There have to be formal assignments of the newly appointed District Court judges so as to facilitate legislatively the appointments to fill the three vacancies. I anticipate that those vacancies will be filled within the next two to three weeks. The new judges have to be sworn in and formally assigned. For technical reasons, we can then make the three appointments. Clearly, we cannot make the appointment to replace District Court Judge Riordan until he is in the Circuit Court. We are trying to ensure that we appoint the remaining three at the same time within the next two to three weeks.