Seanad debates

Wednesday, 24 July 2013

An Bille um an Tríú Leasú is Tríocha ar an mBunreacht (Cúirt Achomhairc) 2013: An Dara Céim - Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013: Second Stage

 

12:05 pm

Photo of Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

Brevity is the order of the day. That Senator Darragh O'Brien and his party colleagues fully support the legislation indicates that it has been in the pipeline for some time. The working group chaired by the current Chief Justice made significant recommendations. I pay tribute to the previous Government for establishing the working group and setting this process in train.

Ireland is out of sync with our international counterparts in that we do not have a court of appeal. At present, all material being appealed from the High Court goes straight to the Supreme Court whose function should be to deal with issues of major public interest, matters of a constitutional nature or issue with serious legal implications. It should not have to deal with such a large caseload as is before it at present. It makes eminent sense, therefore, to have a court of appeal.

The Minister, in his comprehensive contribution, outlined how he believes the new court will work in practice. I note there is a delay of approximately four years in cases going before the Supreme Court. If the referendum is passed, it will enable the new court of appeal to quickly acquire some of the current caseload of the Supreme Court and address the logjam. Justice delayed is justice denied. The Minister is proposing comprehensive reform of the courts system. This should have been done long ago and it is welcome that the matter is finally being addressed. I have every confidence that citizens will view the Minister's proposals as a correct step forward and endorse them.

I also welcome the fact that the Minister expects to have the court of appeal up and running in September 2014. While it is 12 months away, it is still ambitious. It is a commitment that was made in the programme for Government. It is very welcome to have a referendum, hopefully successfully over the line, and have the structures in place within three years of the Government taking office.

Senator Darragh O'Brien asked how long it would take to see the results. I would like to hear the Minister's view on that. I expect, however, that once the structure is in place one will quickly see the time delay issue being addressed.

I wish the Minister well. For my part, as Fine Gael's spokesperson on justice in the Seanad, I will be doing everything I can to encourage the Irish people to support this referendum. I look forward to hearing other contributions.

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