Written answers
Tuesday, 23 July 2024
Department of Justice and Equality
Courts Service
Patrick Costello (Dublin South Central, Green Party)
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1454.To ask the Tánaiste and Minister for Justice and Equality for an update on the implementation of the 54 recommendations arising from the Report of the Judicial Planning Working Group; and if she will make a statement on the matter. [31229/24]
Patrick Costello (Dublin South Central, Green Party)
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1455.To ask the Tánaiste and Minister for Justice and Equality for an update on the review of the appointment of 24 judges in 2023; when an additional 20 judges will be appointed; and if she will make a statement on the matter. [31230/24]
Helen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 1454 and 1455 together.
The Report of the Judicial Planning Working Group recommended that 44 additional judges should be appointed in two phases to address existing backlogs and reduce waiting times across all court jurisdictions. In addition, the Working Group recommended a range of measures to ensure the more efficient use of judicial resources already in place.
On foot of these recommendations, the Government committed to a historic increase in the number of judges. A first tranche of 24 additional judges was approved and subsequently appointed by Government in 2023, comprising 8 additional District Court, 8 additional Circuit Court, 6 additional High Court and 2 additional Court of Appeal judges.
The report recommends that the second tranche of another 20 extra judges, which would comprise 6 additional District Court, 6 additional Circuit Court, 6 additional High Court and 2 additional Court of Appeal judges, should be put in place subject to an assessment of the impact of the first tranche on court business.
Work is currently under way on reviewing the impact of the increased judges, including capturing improvements in efficiency and effectiveness with regard to caseloads, changing demographics, economic conditions, and the impact of new legislation as well as improvements from modernisation measures. The appointment of the next tranche of judges will be considered by Government following that assessment.
Work is also progressing on the implementation of the other recommendations of the Working Group’s report. An Implementation Steering Group was established in June 2023 to monitor and co-ordinate the implementation process. It includes representatives from the Department of Justice, the Courts Service, the Judicial Council, the Judiciary and other stakeholders. The Steering Group met three times in 2023 and twice so far in 2024.
A first version of the implementation plans and progress already made to carry out these recommendations were noted by Government in February 2024.
Two sub-groups have been established to support the implementation of recommendations - one in relation to the powers of Court Presidents and the roles of quasi-judicial office holders and another on stakeholder engagement.
I look forward to the continuing implementation of the recommendations of the Judicial Planning Working Group and their impact in improving access to justice for the public.
Patrick Costello (Dublin South Central, Green Party)
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1456.To ask the Tánaiste and Minister for Justice and Equality her views in relation to so-called strategic lawsuits against public participation; the steps that are being taken to prevent such lawsuits and protect freedom of the press and civil society; and if she will make a statement on the matter. [31231/24]
Helen McEntee (Meath East, Fine Gael)
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The Government is conscious that powerful individuals and companies can attempt to misuse defamation laws to prevent journalists reporting in the public interest on their activities and indeed to target public participation more broadly.
Strategic Lawsuits Against Public Participation (SLAPPs) are recognised, both here and internationally, as a significant challenge to press freedom, given the chilling effect they have on investigative journalists in their work.
Effective public participation must be safeguarded and journalists must be allowed to hold powerful individuals and organisations to account.
It is for that reason that on 28 March 2023, Government approved publication of the General Scheme of the Defamation (Amendment) Bill. The General Scheme, which provides for significant reforms of our defamation law, takes into account recommendations of the report of a major review of the Defamation Act 2009, carried out by the Department of Justice, which was published in March 2022 and which already recommended introducing anti-SLAPP protective measures. My officials have worked extensively with the Office of the Attorney General to finalise the draft Bill, which is a Government priority for publication.
The Government has, moreover, fully supported the proposed EU Anti-SLAPP Directive, which was proposed by the European Commission in April 2022 and adopted in April 2024. Ireland opted in to the proposed anti-SLAPP Directive pre- adoption, in accordance with Article 3 of Protocol No. 21 to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, following a Government Decision and approval by the Dáil and the Seanad.
As proposed by the General Scheme, it is intended that the Defamation (Amendment) Bill will transpose the EU anti-SLAPP Directive in so far as it relates to defamation proceedings, and indeed will do so in advance of the transposition date and will go beyond the minimum requirements of the Directive.
The Anti-SLAPP Directive is not due to be transposed by Member States until May 2026 and further legislative measures are envisaged in due course to transpose it for other types of civil proceedings.
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