Cathal Byrne (Fine Gael)

The Minister is most welcome to the Chamber this evening. I am substituting for my colleague Senator Garrett Kelleher who is the Fine Gael justice spokesperson.

I was preparing for this earlier this evening, reflecting on the evolution that we have seen over the past number of years and in the more than a century of Irish independence. In doing so, I came across a piece on the courts website that I felt was apt. It is a quote from then President of the Executive Council, W.T. Cosgrave, on establishing the 1923 Judiciary committee, which was set up to advise the then Free State on what would be the most appropriate number of judges, a precursor to the Minister's own judicial planning working group. In that correspondence, W. T. Cosgrave wrote: "There is nothing more prized among our newly-won liberties than the liberty to construct a system of judiciary and an administration of law and justice according to the dictates of our own needs and after a pattern of our own designing."It is very appropriate that in an era of almost 6.5 million people living in the country, we reflect on the legal maxim of "justice delayed is justice denied" and take the opportunity to make sure there is an appropriate number of justices in the country to ensure anybody who wants to go before the courts or anybody who finds themselves before the courts can have his or case heard in a timely manner. I welcome the increase in the number of judges, which is reflective of the fact that there has been an increase in the number of sitting days. As a solicitor, I am well aware of the importance of ensuring that when a case is listed, it actually goes ahead. There is nothing more frustrating for somebody who finds himself or herself before the courts in any capacity than to have a date appointed to be the date for the case to be heard, only for it to be adjourned for two weeks, three months, six months or a year. It is expected and hoped that the increase in the number of judges in the Court of Appeal from 18 to 21; in the High Court from 49 to 55, including the President of the High Court; in the Circuit Court from 45 to 51; and in the District Court from 71 to 77 will contribute to ensuring there is ready access. It is appropriate to be cognisant, as I am, of the restructuring that took place recently in the High Court with the incorporation of the new Planning and Environment Court. There are now more complex cases before the courts than perhaps at any stage up to now. This is because some European directives and pieces of environmental legislation have not been incorporated within our own system and we now have more cases before the family law courts than we have ever had before.

I want to reference the amendments being made in this legislation to the gambling Act. The original legislation which is being amended traces back to a time when it was proposed to ensure that regulations were placed under the Street and House to House Collections Act 1962 on those who seek to collect money door-to-door for charitable purposes, as part of a fundraiser or as a mechanism for a voluntary, community or sporting organisation to raise funds locally. While changes have been made to this area in recent years, under the new regulations there is still an opportunity for any community, sporting or voluntary group to go out and raise money in line with the wishes and needs of the individual sports club or community or voluntary organisation. It is important that the fact that this right still exists is not lost in this legislation, notwithstanding certain amendments.

This housekeeping exercise tightens up and modernises certain legislation to ensure we have the most effective and streamlined court system possible. The Courts Service needs to progress aggressively to ensure we have a more electronic, digitalised and modern mechanism of filing papers. It is quite strange that in 2025 the court system is still operating predominantly through a paper-based system and has not moved to an electronic system. I encourage the Minister for justice to ensure, as part of the modernisation and reform of our courts, we actually move to that. I am aware that consideration is being given to an e-probate system. In my day-to-day encounters, I encounter many people who still find that the probate system is taking too long. While this is not directly linked to the number of judges, extra resources should be put into the probate system to ensure that the average waiting time to get a grant of probate, assuming all paperwork is compliant, is not up to a year. That has to be prioritised, notwithstanding the increases in resources made available in the most recent budget. Fine Gael supports this legislation, specifically because it will ensure we have a greater number of court sitting days. There is a widespread appreciation that there is an opportunity for people to have their cases heard in a swift and timely manner.