Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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Question 278: To ask the Minister for Justice and Equality the number of judgments outstanding by the Supreme Court and by members of the High Court; the number of those judgments that are awaited for between three and six months, six and nine months, nine and 12 months, and in excess of one year; if the delay in delivering judgments could be in violation of the European Convention of Human Rights; the steps, if any, that are being taken or that can be taken to ensure that judgments are delivered within a reasonable time following the completion of a court hearing; and if he will make a statement on the matter. [38631/11]

Alan Shatter (Dublin South, Fine Gael)
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Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service. The Act provides that the Service is independent in the performance of its functions, which includes the provision of statistics. The manner in which court cases are listed is a matter for the Presidents of the courts. The delivery of judgments following completion of a court hearing is a matter for the judiciary and the Presidents of the courts who are independent in the exercise of their judicial functions, subject only to the Constitution and the law.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the number of High Court and Supreme Court judgments that are awaiting delivery are as set out in the following table:

I am informed that the Chief Justice and the President of the High Court regularly meet with senior officials of the Courts Service to review matters relating to the operation of the Supreme and High Courts in order to achieve the highest standards of efficiency in the disposal of court business. Where possible, supports are provided to assist judges in the preparation of judgments, including the engagement of Judicial Fellows and judicial research assistants.

With regard to the delivery of judgments in the High Court, in 2005 a Register of Reserved Judgments in civil proceedings was introduced on foot of section 46 of the Courts and Court Officers Act 2002. It provides that if judgment is not delivered within two months from the date upon which it was reserved, the President of the Court which heard the case must list the proceedings before the judge who reserved judgment at two-month intervals. That judge must specify the date on which he or she proposes to deliver the judgment. The register of reserved judgments enables the Courts Service to remind judges of outstanding judgments and support the Chief Justice/President of the High Court in ensuring that judges who need it can be given time out of court to write reserved judgments.

The Chief Justice has embarked on a series of initiatives to facilitate a review of the reserved judgments list in the Supreme Court on an ongoing basis, including the implementation of an electronic database of the list. Active management of the list is being facilitated by a series of processes which have been put in place by the Chief Justice to minimise current delays and to establish new systems for the future. Considerable progress has been made in reducing delays generally before the courts and the situation is being kept under constant review.

Article 6(1) of the European Convention on Human Rights establishes the right to a fair trial, and within this provision "trial within a reasonable time" is protected. The length of trial is measured up to the moment the national judgment becomes final, so the length of time a judge takes in giving judgment would be considered by the European Court of Human Rights in establishing whether there has been a violation of Article 6(1) in a particular case.

I intend to take action, within my area of responsibility as Minister, to seek to address particular problems as they arise. For example, following a judgment last year of the European Court of Human Rights I established an Expert Group under the chair of Mr Paul McDermott, SC to consider, inter alia, how delays might be alleviated and I look forward to considering their report when it is to hand.

Finally, the establishment of a new Court of Appeal is also relevant in the context of the caseloads of the superior courts. As I indicated in my response to Question 179 on 24 November 2011, it is my intention to finalise examination of the detail in relation to establishing a Court of Appeal and to progress the matter at the earliest suitable opportunity. As the Deputy is aware a referendum is necessary to proceed and a decision remains to be taken by Government as to when such a referendum will take place in the context of other future referenda. However, I do not anticipate that the holding of a referendum will occur before Autumn 2012.