Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

It is a good idea that we have that level of transparency.

I was asked why we need a referendum. We need a referendum so that the people can make a decision. Our Constitution presently provides that appeals go from the High Court to the Supreme Court. If we are going to put a new legal architecture in place, it is important for the people to be given an opportunity to express their views on that. The people are sovereign. They are being given an opportunity to express their views on an issue of importance because we are creating an architecture in which the vast majority of appeals from the High Court will be dealt with in the court of appeal and will never enter the Supreme Court. The Supreme Court will deal with cases that are seen to be of general public importance, or where it is necessary in the interests of justice for that court to deal with such cases. The principles that will be applicable are similar to those that are applied by supreme courts in other states across the world. The idea is to ensure the Supreme Court is called into duty in such circumstances only. It is important to make sure the people approve of that change. The current position is that once a case a determined in the High Court, it can automatically be appealed to the Supreme Court.

It is worth mentioning that it is important for appeals in cases in the criminal justice area - an individual may be appealing against a conviction or against the length of the sentence imposed on him or her, or the DPP may be appealing against the leniency of the sentence - to be heard without undue delay as well. There is a very substantial public interest in that regard. We have a Court of Criminal Appeal that is established by statute, but it does not sit five days a week. It is composed of members of the High Court and the Supreme Court. I think the constitutional foundation that will result in the establishment of a general court of appeal that will be able to sit permanently if necessary in two divisions - one dealing with criminal cases and the other dealing with all the other areas of civil law - will ensure we protect the civil rights of those who are charged with offences and convicted and the rights of the public. If the DPP believes that a sentence is too lenient, this measure will ensure the issue of leniency will addressed with speed. I believe this change has the capacity to bring about a system that reflects the type of court structure we should have in the 21st century. I hope all of the Senators who have expressed support for this measure will support it enthusiastically during the referendum campaign and use their local media to urge people to vote "Yes". I am looking forward to knocking on a few doors, hopefully in weather that is as good as the weather we have had recently, to urge a "Yes" vote on this issue.