Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank the Senators who have contributed to the debate this evening. I acknowledge the support and co-operation shown by the House in making the time available. The goal and deadline is to ensure that we establish the court of appeal in sufficient time to have it operational in the autumn. As several Senators have noted, basically we are giving effect to the decision of the people in a referendum.

This is a technical Bill but there are some interesting innovations which will ensure greater efficiencies in the courts and several Senators have referred to these. They include improved case management and giving authority to judges to oversee case management in line with international best practice. This will be available to judges as a result of the legislation that we are passing this evening. This is to be welcomed because, as many Senators have commented, there can and often there are long delays in our Supreme Court at present due to the increasing litigation and the various demands. The establishment of this court of appeal will make a real difference in this regard. We do not want to have justice delayed. Clearly that has happened up to now but this provides a real opportunity for more timely access by litigants to court, and that is right and proper.

This Bill is an important milestone in terms of modernising our court system. Many people will benefit from it. We are creating something valuable and worthwhile with the legislation we are passing. As part of the programme for Government, we sought to respond to the express wish of the people in the referendum and that is what we are doing. We are well on our way in this regard.

The Bill proposes the most radical change in the structure of our courts since the foundation of the State. Senators will be aware that the courts system in Ireland has its origins in the 1922 Constitution, which provided for the setting up of new courts that had evolved previously under the British Administration. New courts were established in 1924 under the Courts of Justice Act 1924 and the current courts were set up by the Courts (Establishment and Constitution) Act 1961, pursuant to Article 44 of the 1937 Constitution. Notwithstanding history this is the first time that we are moving to establish a truly new court under the Constitution. When enacted, the Bill will herald the establishment of this court which will come with attendant resource commitment from Government. Several Senators asked questions in this regard. I will give the costings of the new court and of the number of judges presently. It will also have state-of-the-art technology capability and, as I have already said, the necessary powers for the new case management, including the management of oral input to appeals.

When we look back in several years at the decisions taken tonight in respect of the Court of Appeal, we will see that the results are far from technical, although bringing the legislation into law has involved considerable technicalities. Anyway, I believe the results generated will be great indeed.

Senators have focused on the timely and successful implementation of this major reform in their contributions and that is important. The reform will deliver an appeals system in the superior courts to support the legitimate expectation of our citizens that their cases will be brought to conclusion with the least possible delay. Senator Walsh mentioned this in particular. It will also create a situation in which the highest court under our Constitution, the Supreme Court, is appropriately orientated towards hearing only those cases that merit its attention. Senator Higgins and others mentioned this aspect.

The Bill introduces a level of coherence into the courts structure which is in line with best international practice. It has been interesting to hear Senators discuss the number of appeals heard in other jurisdictions and the workrate of our Supreme Court. It has a backlog but that is not because it is not delivering large numbers of judgments every year.

I thank everyone who has been involved in getting us to this point. The point was made that many parties have contributed. Senator Walsh referred to his party's work on this Bill, which I acknowledge. I acknowledge the contribution of the former Minister, Deputy Alan Shatter, who successfully steered the referendum and got this innovative reform through Cabinet initially. I am honoured to have had the opportunity to bring this to conclusion this evening. I acknowledge the support of all the Opposition spokespersons in the Dáil and the Seanad who have supported the timely passage of the Bill in order that we can move on with establishing the court in October. That is very important and it will make a real difference. The courts can get on with working out the range of detail involved in setting up a new court as well as all of the administrative issues.

A huge amount of work was done by Ms Regina Terry and Ms Mary Joy, the two officials in the Department of Justice and Equality who gave up many a weekend to make sure we are at this stage of the Bill.

A number of people mentioned the delays, which are a reflection of our current system, which is why we are putting in the new court. The creation of a new court of appeal will address the endemic problem of delay and align us with other common law countries that have a court of appeal embedded in the legal system. Despite the difficult times and economic situation, we have been in a position to provide one-off costs of the order of €2 million for the start-up of the court, which will be used for accommodation and the development of an ICT package. It is a substantial investment behind the reform. The estimated ongoing cost of running a new court should amount to €2.5 million a year and a significant percentage of the funding relates to the deployment of the new judges. I have already, in my speech on Second Stage, outlined the number of judges. It will allow the new court to work in divisions of three. It means they can get on dealing with cases in an efficient and effective manner. It means we must provide more resources, but the cost benefit analysis shows that, from an economic point of view and from the point of view of businesses setting up in this country, having an effective and efficient court system that deals with issues in a timely way, as the Commercial Court does, provides a good message to businesses about our country and how we do business.

I have addressed a number of points made by Senators. Senator Jim Walsh talked about consolidation, which may merit attention. He also referred to legal costs. I am committed to reforming this area. The Legal Services Regulation Bill started in the Dáil last Thursday and will continue on our return in September. We will have an opportunity, when looking at the Bill, to examine legal costs and address the matter in more detail. It remains an ongoing issue. Senator Trevor Ó Clochartaigh also mentioned that point.

Senator Jim Walsh and Jillian van Turnhout referred to the judicial council Bill, which is very important. It is essential we have that possibility. The purpose of the Bill is to establish a judicial council of all judges to promote high standards of conduct among judges and support for judges. Central to the Bill is the provision of an effective remedy for complaints about judicial behaviour. Many judges want to see this in place and it is the right direction. The provisions under ongoing consideration include the establishment of a judicial conduct committee, with lay participation, to investigate complaints. The Bill also facilitates the formal establishment of the judicial council and the ongoing support and education of judges through a judicial studies institute. These are important changes coming down the track later this year which will address some of the concerns the public has about these issues. The vast majority of judges welcome this measure, if not all.