Published on 

Government approves in principle a future Referendum on Article 34 of the Constitution

Justice Minister Alan Shatter has announced that the Government today approved proposals for a number of major reforms to our Courts Structures.

The proposals will require the holding of a Constitutional Referendum and have the potential to achieve some of the most significant changes to the courts structures which had remained largely unchanged since 1924.

The Minister said:

An amendment to Article 34 of the Constitution, as proposed, would permit the establishment of additional superior courts including, for example, the establishment of a Civil Court of Appeal and a new separate Family Court structure. This proposal would also allow the Oireachtas to consider the establishment of other specialist superior courts, should they be required. The work to be undertaken will also consider the constitutional change required to enable the State to participate in any arrangement providing for the establishment of a European Patent Court.

The Government also agreed that consideration should be given to other constitutional changes including, for example, possible amendments to Article 26 dealing with the reference of a Bill by the President to the Supreme Court.

Consideration will also be given to adding a secular oath as an optional alternative to the current form of judicial declaration contained in Article 34.5.

Minister Shatter said:

I would now expect to engage in a broad public debate on these matters as the time has come to explore the much needed reform of the current Constitutional framework. In this context I also intend to bring forward at an early date the long promised Judicial Council Bill.