Martin Daly (Roscommon-Galway, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

1208. To ask the Tánaiste and Minister for Justice and Equality regarding medical negligence cases, the reason the three key recommendations by a judge (details supplied) Pre-Action Protocols, Case Management of Litigated Claims, and Specialist Courts and Judges were not enacted. [11215/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

A Review Group, chaired by Mr. Justice Peter Kelly, was appointed to make recommendations for changes with a view to improving access to civil justice in the State, promoting early resolution of disputes, reducing the cost of litigation, creating a more responsive and proportionate system and ensuring better outcomes for court users.

The Review Group’s report, published in 2020, made over 90 recommendations, across a wide range of areas, to strengthen the future administration of civil justice in Ireland.

Regarding Pre-Action Protocols, following a consultation with stakeholders, drafting of the Civil Liability and Courts Act 2004 (Clinical Negligence) Pre-Action Protocol Regulations is ongoing. These regulations will introduce protocol in relation to proceedings concerning possible clinical negligence. The aims of the protocol are to encourage early resolution of allegations of clinical negligence, promote timely communication between the parties, reduce the number of cases which go to court, facilitate the early identification of issues in dispute and encourage the early settlement of such cases.

Regarding the report's recommendations on case management for litigated claims the responsibility for case management rests with the Judiciary, but will also be supported by legislative changes to be advanced in a Civil Reform Bill, including reforms to the law on discovery, automatic discontinuance of dormant cases, restrictions on adjournments. I intend to publish the General Scheme of the Civil Reform Bill later this year.

I also wish to inform the Deputy that the Courts Service is currently undertaking a 10-year Modernisation Programme, as part of which it is currently conducting a major modernisation and consolidation initiative for digital case management systems. This will replace over 140 individual legacy case management systems into a unified system, which will support a court user portal to file, pay and track cases online, with a similar portal for judges.

As regards specialist courts, the Planning & Environment Court was established by Practice Direction as a special division of the High Court in December 2023.

The Programme for Government commits to the establishment of a dedicated division of the High Court to handle all immigration cases, and work on this will progress in tandem with implementation of the EU Asylum and Migration Pact.

Furthermore, the Family Courts Act 2024 provides for dedicated family law divisions of the High, Circuit and District court with specialist judges, and an implementation plan for the Family Courts is being developed.