Robbie Gallagher (Fianna Fail) | Oireachtas source

The Minister of State is welcome back to the House today to discuss this important Bill. From a Fianna Fáil perspective, we very much welcome this legislation. It is a short Bill, but that does not take away from the importance of it. We can be very proud of our judicial service and how it has served this country for many years, notwithstanding the fact that legislation is currently going through both Houses to reform it. I bow to the knowledge of my two colleagues to my left in relation to that. Notwithstanding what is going on there, I think we should be very proud of our Judiciary. It is something that we certainly should not take for granted. However, like any public service, it is important that we shine a light on how it is actually functioning. I very much welcome that, and I commend those who were part of the judicial planning working group and, indeed, the OECD, which compiled the report back in 2021. It makes for very interesting reading. There is no doubt, as some would say, that justice delayed is justice denied. Senator McDowell has outlined in great detail his frustrations in relation to that, and rightly so. He is very angry about the fact that a rape victim may have to wait three to four years before proceedings even commence, and such victims have to live through that trauma, pain and hurt for that period of time. To have to revisit all of that again three years or so down the line, when the proceedings actually start, is grossly unfair and should not be happening. It is actually cruel. I agree with the Senator and I can understand his frustration and anger in that regard.

I welcome the approval of the additional 21 judges to both the District Court and High Court. I also welcome the fact that the Bill provides for a review of how all this is working down the road. Some would say that it is ample time that a root-and-branch review took place of all that goes on here. I am hoping that flowing from the work that was done by the working group, we will see much-needed changes in that regard, in how it functions and how people interact with the judicial system. It is not just about the provision of additional judges and improving the service, but indeed how often the sittings take place and where those sittings take place. They are all very important issues. Some would ask why we have been waiting for so long for someone to tackle it. I welcome the fact that the Minister of State is taking this on board and that he is very much hands on in relation to it.

Another interesting issue, which both my colleagues mentioned, is the retirement age of judges. Retirement age is something that we, as a country, need to have a conversation about not just in relation to this particular sector, but across the board. The 70-year-old of today, as opposed to the 70-year-old of 30 or 40 years ago, is totally unrecognisable. People are running marathons in their mid-80s and early 90s now. At a time when this country is at a critical juncture in relation to filling posts across a wide range of different professions and areas, the retirement age is something that needs to be looked at. The reality is that we are struggling to fill vacancies across a whole cohort of different sectors. Asking a person of 70 years of age, who is of sound mind and body, to basically roll up the tent, go home and put the feet up is out of kilter with where 70-year-olds are today. That is probably an argument for another day but it is an issue that I feel we need to have a conversation about probably sooner rather than later.

On the issue of legal aid, I think it is vitally important that people have access to legal aid, and that when they do have access to it, there are professionals that are able to provide a service to the individuals who seek that service. Based on the comments of my colleagues today on the issue, it is clear that we have a problem there. How can we expect professionals to provide a service when they are not adequately remunerated for that service? They are effectively sole traders and self-employed people who are depending on the pittance that my colleague said they are being paid. The reality is that many of these young people coming out will not be able to get a mortgage or a loan to buy a car, never mind a mortgage. The insecurity of the work that they do will lead people to divert elsewhere. That is what is happening across the board, and it needs to be tackled. Legal aid is vitally important to those who seek it. It is also vitally important that legal aid is not abused by those who seek it, but the first step in the process is that when people require legal aid to which they are legally entitled, there are professionals of the highest calibre available to provide that service. If there are not, then we are falling down as a State. It is something that we certainly need to look at.

Broadly, I welcome this legislation. It is long overdue. I compliment the Minister of State on taking it on board and appointing the additional judges. However, it is not just as simple as that. A spotlight needs to be shone on the whole judiciary to see how we can improve the legal system for those who interact with it.