Seanad debates

Wednesday, 24 July 2013

An Bille um an Tríú Leasú is Tríocha ar an mBunreacht (Cúirt Achomhairc) 2013: Céim an Choiste agus na Céimeanna a bheidh Fágtha - Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013: Committee and Remaining Stages

 

1:05 pm

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Before Committee Stage commences, I would like to deal with a procedural matter relating to Bills to amend the Constitution. The substance of the debate on Committee Stage relates to the wording of the proposed constitutional amendment which is contained in the Schedules to the Bill. The sections of the Bill are merely technical. Therefore, in accordance with long-standing practice, consideration of the sections is postponed until consideration of the Schedules has been completed. Is that agreed? Agreed.

Aontaíodh Sceidil 1 go 8 go huile.

Schedules 1 to 8, inclusive, agreed to.

Aontaíodh ailt 1 go 8 go huile.

Sections 1 to 8, inclusive, agreed to.

Aontaíodh an Réamhrá.

Preamble agreed to.

Aontaíodh an Teideal.

Title agreed to.

Tuairiscíodh an Bille gan leasuithe agus glacadh é chun an breithniú deiridh a dhéanamh air.

Bill reported without amendment and received for final consideration.

Tairgeadh an cheist: "Go rithfear an Bille anois."

Question proposed: "That the Bill do now pass."

1:15 pm

Photo of Averil PowerAveril Power (Fianna Fail)
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I commend the Minister for bringing forward this Bill. It is very important legislation. The Supreme Court is completely overburdened at the moment, with 121 judgments considered last year, which is twice the number that went through the US Supreme Court. The Minister strongly made the point in his speech that justice delayed is justice denied. As things stand, people are waiting four years to get a case. This Bill will make a real difference in ensuring that people's rights can actually be vindicated by the courts in a timely fashion. An article in The Irish Times pointed out that it has gone from four months to four years. That has had a very negative impact on many people, so I welcome the passing of this Bill.

I welcome the provision in respect of the one judgment rule. This will make a big difference. Things change over time and from reading judgments in the past, it is often the minority judgments that are of greater interest and which in time, as societal attitudes change, become the majority view. I welcome the fact that for cases referred in this manner, we will benefit from that same diversity of opinion and legal approaches, rather than being forced to have a compromise approach where many views have to be dumbed down.

I welcome this Bill and I would like to assure the Minister that our party will do everything we can to ensure that it is passed following a referendum. As he pointed out, a referendum should not be taken for granted. I have no doubt he learned that lesson last year. I hope that the people will rebuff the Government's efforts in the Senate referendum, but we understand the importance of this Bill in giving people recourse to the courts. If they have to wait for years, then there is often no point and people already have been affected in a negative way by the time they get a chance to have their day in court. We will do everything we can to ensure that it is passed by the people as well.

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein)
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Gabhaim buíochas leis an Aire as ucht na reachtaíochta seo a thabhairt os ár gcomhair. Guímid gach rath air. Sílimid go bhfuil sé ríachtanach go mbeadh a leithéid ann agus beimid ag tacú leis. We will support this Bill, as I said previously. On Second Stage I brought up the issue of direct provision, and I noted the 1,850 people who are over five years in that system. The Minister indicated to me previously that many of those cases are being held up because they are taking appeals through the court system. If this new court system were to be approved by the people, does the Minister think it would alleviate those waiting lists and the length of time people are waiting in that area?

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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It is fitting that the Minister is here for the last piece of business we have in this session. While we have had some heated and detailed exchanges on various Bills in this session, I fully respect the detail he brings to the debates here in the Seanad. I wish him a good break and would like to say there was nothing personal in the various issues I raised over this term. I hope he enjoys the break, but he has proven to be an effective reforming justice Minister and we will certainly support that from this side.

Photo of Darragh O'BrienDarragh O'Brien (Fianna Fail)
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I will still argue about issues with which I do not agree, but that is democracy. I wish the Minister a good break over the summer.

Photo of Martin ConwayMartin Conway (Fine Gael)
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I concur with Senator O'Brien. We have had some extremely informative and interesting discussions with the Minister for Justice and Equality. I think he treats the Seanad with utter respect and the forensic detail in his contributions are certainly a lesson to many other Ministers. I wish him an enjoyable summer break, because it is well earned.

Photo of Katherine ZapponeKatherine Zappone (Independent)
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We are fighting to wish the Minister a great rest and to thank him sincerely for his robust debate, for speaking the truth as he sees it, and for his commitment to access to justice. If that means at times that he speaks with gusto as well as guts, then so be it. I thank him and wish him a good rest.

Photo of Lorraine HigginsLorraine Higgins (Labour)
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Such was my enthusiasm to add to the chorus of well wishers, I could hardly keep myself in my seat for such a long time. I would like to add my good wishes. I have always enjoyed listening to him in the Seanad and his articulate speeches. He has been outstanding with his reforms and there is no doubt about that. As somebody who has worked in the Irish courts system for seven years, I recognise that the system is outdated and I must commend him on his efforts in trying to reform the courts system. I thank him on behalf of the Labour Party group in the Senate and I wish him a great break.

Photo of Sean BarrettSean Barrett (Independent)
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I concur with all those wonderful sentiments towards the Minister.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I can only say that I am overwhelmed with all the love. I think we should have the last day of sittings every day. I thank Senators for their kind comments and I wish all Senators some relaxation as we head into the summer break. With other matters coming down the track, I am conscious that many of them will be very engaged, but I urge people to take some time out. The one thing I have learned in political life is that everyone needs to recharge their batteries. I thank everybody for their comments.

Many of the cases in the asylum area are judicial reviews. Many of them are awaiting hearings in the High Court, and some of them have been long delayed because they awaited decisions from other courts outside the State. If we make this change, it should ultimately ensure that matters which might have suffered a further logjam will be broken up. I hope that when we come back from the summer break, I will finally be able to bring in the immigration and asylum Bill. This has been delayed for no other reason than the demands on the Office of the Attorney General of a raft of other legislation that I have been bringing forward. I wanted to prioritise this area from the start, but some of the same people who were drafting this had to draft Bills in other areas which the troika demanded we give priority.

It is almost unfortunate that this was not an issue to which they demanded we give priority. There is a limit to what personnel can do and those who work with me in my Department are probably heartily sick of me at this stage and I am sure they will be glad to be rid of me for a couple of weeks over the vacation period. I hope they and the Senators have a good vacation. I look forward to further interesting and constructive engagements in this Chamber when we all come back rested in September.

Cuireadh agus aontaíodh an cheist.

Question put and agreed to.