James Browne (Wexford, Fianna Fail) | Oireachtas source

This Bill, which I am pleased to present to the House, has the sole purpose of increasing the statutory maximum prescribed in respect of the number of judges of the District Court, the Circuit Court, the High Court and the Court of Appeal.

Senators will be aware that the Report of the Judicial Planning Working Group was recently received and considered by the Government. The Judicial Planning Working Group was established in April 2021 by the then Minister, Deputy McEntee, in line with the commitment in the programme for Government to consider the number and type of judges required to ensure the efficient administration of justice over the next five years in the first instance but also with a view to the longer term. The working group was independently chaired by a former Secretary General of what was then the Department of Education and Skills, Ms Brigid McManus. Departments, the Office of the Attorney General and the Courts Service were represented on the group and two judicial observers were nominated by the Chief Justice to assist it.

The working group concluded that judges were key persons at the heart of the courts system; an effective courts system that provided timely access to justice was of central importance to society and the economy, given the courts' role in the prosecution of crime, helping families, individuals and businesses to resolve their disputes, and the protection of the vulnerable; and a stable, well-functioning courts system that could give decisions within a reliable timeframe was an important part of Ireland's attractiveness to foreign businesses and fed directly into Ireland's prosperity. However, the working group also concluded that the current judicial numbers could not meet these objectives fully, given population growth, new and growing areas of law, and the increasing complexity of the issues raised before the courts.

The working group was conscious of the position in the courts as regards delays and backlogs, exacerbated by the Covid-19 pandemic, and the adverse impact these had on individuals and on society more generally.Accordingly, the working group recognised the need for a sizable increase in judge numbers and sustained investment to improve this state of affairs.

A study was commissioned by the Department of Justice from the OECD to inform the working group’s work. This was published in parallel with the working group's report. Overall, the OECD study found that the Irish justice system has a shortfall of judges. The OECD proposes that, depending on a number of circumstances, the likely number of additional judges needed is between 36 and 108. It also states that improving procedures and operations and enhancing case management systems and IT infrastructure may deliver greater efficiencies and potentially reduce the number of judicial positions required.

The Minister is committed to improving access to justice for all of our citizens. An efficient courts system is a critical component of a modern democratic society founded on the rule of law. It is vital that our courts are properly resourced to deliver on policy initiatives under the programme for government, including the full commencement of the Assisted Decision-Making Capacity Act providing a new legal framework for supported decision-making in Ireland; a dedicated planning and environment division of the High Court to enable more efficient management of cases, dealing with planning and environmental matters and judicial review in particular; and a family law Bill to create a new dedicated family court within the existing court structure and to provide for court procedures that support a less adversarial resolution of disputes.

A significant number of additional judges will be needed over the next five years. The working group recommended that a phased approach be taken to addressing judicial resourcing. The Government agreed with this phased approach, and it is the Government's intention to appoint an initial tranche of 24 new judges in 2023, with a further 20 new judges following the implementation of reforms and efficiencies, as has been recommended. The working group also recommended that, before the additional judges in phase 2 are proceeded with, there should be an assessment of the extra judges appointed in phase 1 and of progress in the change programme. The Government will want to see evidence that the appointments made under phase 1, that is those appointments made on foot of this Courts Bill, are having an impact on waiting times and improving access to justice for the citizen. Accordingly, a second phase of additional judges is dependent on the measurable progress achieved as a result of the additional resources for which we are now providing.

Both the working group and the OECD have highlighted the need for a substantial programme of change initiatives without which the demand for additional judges would be even higher. Key proposals to be considered include District and Circuit Courts sitting five days a week, assessment of the impact on courts of policy or legislative proposals, strategic HR for the Judiciary, restructuring the District Court, reviewing the Circuit Court geographical areas, additional powers for court presidents to manage their court jurisdictions, and recommendations relating to data collection and management Justice Plan 2023 commits to bringing forward this work forwar in the following ways. We will finalise and agree key performance indicators with the Courts Service to measure the impact of the modernisation programme and the implementation of the judicial planning working group report. The Government will also agree and publish a judicial working group implementation plan in the second quarter of the year.

Having an efficient courts system that provides timely access to justice is of central importance to society. The courts exist to protect our rights and to uphold the rule of law. At some point we are all likely to have reason to interact with the courts system. When we do, it is important that we experience an efficient, fair and timely service that is equally accessible to all. It is a priority for the Minister to ensure that the courts are resourced to administer justice efficiently and effectively and this is central to providing access to justice.

This is a short Bill consisting of seven sections, which I will briefly outline. Section 1 provides for a definition for the purpose of the Bill. Section 2 provides for an amendment of the Courts (Establishment and Constitution) Act 1961 to increase the statutory limit on the number of ordinary judges of the Court of Appeal from 15 to 17.

Section 3 provides for the amendment of the Courts (Supplemental Provisions) Act 1961 for the purpose of increasing the number of moveable judges of the District Court by eight to 28. A moveable judge of the District Court is a person not permanently assigned by the Government to a particular district at the time of his or her appointment. Such an increase could enable the President of the District Court to allocate judges to where the need is greatest at any particular time.

Section 4 provides for an amendment of the Courts and Court Officers Act 1995 to increase the statutory limit on the number of ordinary judges of the High Court from 42 to 48.

Section 5 also provides for an amendment of the 1995 Act to increase the statutory limit on the number of ordinary judges of the Circuit Court from 40 to 45. To this number should be added the recent increase of three under the provisions of the Assisted Decision-Making (Capacity) (Amendment) Act 2022. Overall, the actual increase in phase 1 is eight ordinary judges of the Circuit Court.

Section 6 provides for a further amendment of the Courts and Court Officers Act 1995 to increase the statutory limit on the number of judges of the District Court from 63 to 71.

Section 7 provides for the short title of the Bill and a collective citation. These are standard provisions.

An independent, impartial and efficient Judiciary and courts is critical to our democracy. This substantial increase in judicial resources will be complemented by the implementation of the far-reaching Courts Service modernisation programme, for which additional funding has been provided in 2023. The Minister is confident this injection of new judges and the important reforms recommended will help to improve the operation of one of the State’s most important institutions.

I commend the Bill to the House.