James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank all the Senators who have contributed to this debate. It has been pointed out this is a short and technical Bill. However, its objective is to provide a continuing basis for an effective courts system, which is of central importance to our society and the economy. Both the judicial planning working group and the OECD have concluded that significant numbers of additional judges will be needed over the coming years. The Minister is committed to improving access to justice for all of our citizens. It is important our courts are properly resourced to deliver on this objective and the Government's policy initiatives for the courts, which are already in train and planned. For these reasons, the Government has approved the proposal for 24 additional judges in phase 1, as recommended by the judicial planning working group.

Before proceeding to the additional judges in phase 2, the Government will want to see evidence that the appointments under phase 1 are having an impact on waiting times and improving access to justice. This substantial increase in judicial resources will be complemented by the ongoing implementation of the courts' modernisation programme, as well as strategic reforms of courts' operations. Together, these represent a demanding multi-annual change programme for the Judiciary and the Courts Service. It will be very important to see that that productivity is increased.

These judges are very much needed. As Senator Ward pointed out, we have a functional, fair and reasonable courts system but one of the major failings is the length of time it takes to get a case heard. As the Senator pointed out and I certainly remember from my time practising, one will be waiting up to two years for a hearing date, but it could often take up to two years just to get to the point where one is saying the case is ready to go to hearing and looking for the hearing date. If anything happens on the hearing date, you could be looking for an adjournment and that could mean waiting even more time.

Those waiting times have a real impact. Witnesses' memories can dim or pass away. There is also the importance of the human rights of the person who is facing prosecution and the victims, who face significant stress waiting for these delays. It is intended that these additional judges will address those waiting times. Of course, additional judges will mean additional court hearings, which will put even more pressure on to the criminal Bar, which is facing a situation where it is one of the few sectors that has not seen its pay restored since the cuts during the economic crisis. The criminal Bar, along with section 29s and similar groups have not seen an increase. This has an impact. As someone who practised both criminal law and civil law, I could see colleagues who were having to make a difficult decision of not practising criminal law, even though that was an area in which he or she was an expert, because of the difficulty in getting sufficient pay to be able to keep practising.

We talk about competition at the Bar. One way to improve competition is having more people being able to start but you also need more people in the middle of the race and at the finishing line, to ensure there is competition and that means young barristers being able to survive at the Bar. Pay is a matter for the Department of Public Expenditure, National Development Plan Delivery and Reform, but the Department of Justice is engaging with the Department on the situation with regard to pay. There are relatively small payments for barristers in the District Court as well.There is often a challenge with some solicitors, who seem to think that paying young barristers is an optional extra. This is something the Department of Justice can look at. We can examine the possibility of barristers being directly paid.

Regarding the issue raised by Senator McDowell about the workings of the central office, I will raise that with the Courts Service. When I was practising it was a matter of simply going in.

Regarding the age of retirement, 70 is the standard age across the public service but I understand that people are living longer, healthier lives and it is something for a wider discussion by Government. If people at the very top are not retiring it can create a barrier to the next generation moving up the promotion ladder. We need to have a broader discussion on the matter. I will take into account the comments of the Senators and I will bring them back to the Minster for further discussion with the Department of Justice.

Overall though, I think this is a very positive day. Getting the number of judges increased will allow for a speeding up of the cases being heard in the courts and is to be welcomed.