James Browne (Wexford, Fianna Fail) | Oireachtas source

With regard to the number of judges, the judicial planning working group has been convened and is examining the number and type of judges that will be required in our courts system over the coming years. It will address not only the need for High Court judges but judges throughout the service. This is timely and very badly needed.

Amendment No. 10 proposes restructuring the second paragraph to be inserted in section 9 of the Court and Courts Officers Act 1995. I have discussed the amendment with my officials and have consulted the Office of Parliamentary Counsel on the approach suggested by the Senator. The departmental officials and officials from the Office of the Parliamentary Counsel have advised that the text in the Bill is consistent with the format and approach used for similar provisions elsewhere in the Statute Book. While plain and clear language should be encouraged, the Senator will appreciate that when it comes to legislative provisions on the courts I recommend against deviating against the established drafting principles and norms. In these circumstances I cannot accept the amendment at this time.

I agree with the Senator's sentiment. However, it would appear that the section as drafted does comply with other convoluted legislation and interpretation. It is consistent and will be effective as is. I certainly agree with the Senator's sentiments that in anything we do we need to look more and more at plain language. Other sections of the Department, such as those that deal with domestic violence and immigration, are increasingly engaging, and I am encouraging it, with the National Adult Literacy Agency to ensure plain, simple and clear language is used as much as possible. The law should be accessible for people to be able to understand. It probably requires a much bigger and broader piece of work to get our legislation into more user-friendly language.