Colm Burke (Fine Gael) | Oireachtas source

I welcome the Minister of State. I thank the Senators for tabling the motion. It is important that we discuss this matter because it has been discussed for more than 16 years and we should now try to move forward. Members have outlined the delays but it is important to recognise the changes that have been made in the courts in recent years, in particular, the establishment of a Court of Appeal, which has taken a significant workload from the Supreme Court. I recall waiting for three years for a case to be listed for hearing in the Supreme Court, as a result of which many decisions were delayed. The Court of Appeal helps the process and it is dealing with cases efficiently and quickly. Recently a matter was referred by way of case stated from the High Court to the Court of Appeal because there had been two conflicting decisions in the High Court. When the matter came before a High Court judge, she referred it by way of case stated to the Court of Appeal and the matter was dealt with and a decision given in a short time, which is a welcome development.

I agree that a judicial council is needed. The Chief Justice and all other members of the Judiciary have been looking for this for some time and it is important that there is not a further delay in introducing it. I also agree with colleagues that there should not be delays in judicial appointments. It is important that at all times we have an efficient judicial system. A number of years ago, there was a four-year wait to get a High Court case heard in Cork. There were 6,000 cases on a waiting list to be heard in Cork at the time. We have come a long way since then. Recognition should also be given to the Courts Service, given the significant increase in commercial law work because of the downturn. This took the form of liquidations and receiverships. The courts dealt with them efficiently, despite that the fact that their workload increased dramatically. A proper system of checks and balances is needed and a judicial council is the way forward in this regard. It has been talked about for a long period. The Judiciary are in favour of it and they have given their views as to how it should be dealt with. The Government is drafting a Bill and it should be brought forward and dealt with at an early date. We would have no difficulty if the legislative process commenced in this House. There are enough Members who can give their views on the draft legislation and it could be processed efficiently. Given the new system of pre-legislative scrutiny, it is important there are not further delays and that the council be established.

I also agree with colleagues that we have been fortunate down the years to have had a good and fair system. People felt some judicial appointees over the past 20 or 30 years would follow a particular line but they went down a contrary line to make sure they maintained their independence. They took a number of constitutional cases, which established good law. In these cases, the legislative process had been delayed and, unfortunately, the courts had to intervene to make sure that what was in place was appropriate for the times we lived in. The courts are not in place to formulate legislation but where the Legislature falls down, they have to make sure that citizens can access services and that their constitutional rights are protected in the process.

I welcome the debate and I agree this legislation should be brought forward at the earliest date.