Michael McDowell (Dublin South East, Progressive Democrats)

The maximum number of ordinary judges in the High Court is prescribed by law. Currently, the Courts and Court Officers Act 2002 provides that the number should not exceed 26. I should add, for reasons of clarity, that when I refer to ordinary judges of the High Court I refer to judges of the High Court other than the President of the High Court. Hence, the use of the word "ordinary" in this context. Furthermore, the number of ordinary judges of the High Court can be increased by one when, as is currently the case, the President of the Law Reform Commission is a judge of the High Court. The Bill before the House provides that the maximum number of ordinary judges can be increased by two to 28.

The legislative cap in relation to the maximum number of judges provides for little if any flexibility in relation to judicial assignments and resources generally. If the Government wishes to appoint an additional judge to any court, primary legislation must be enacted. That is a rather cumbersome way of proceeding and there may be some merit in examining whether there is a more expeditious way of making provision for additional judges while ensuring the Executive is fully accountable to the Oireachtas in relation to such matters. I am having this matter examined in my Department at present.

I appreciate that any reference to judicial resources raises in some minds the issue of delays in the courts. Perhaps I might briefly comment on that matter. The establishment of the Courts Service as an independent agency in 1999 represented the most radical reorganisation of court services since the foundation of the State. The mission statement of the agency is "to manage the courts, support the Judiciary and provide a high quality and professional service to all the courts".