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Courts Bill 2015 - Second Stage Statement by Minister Ann Phelan on behalf of Minister Frances Fitzgerald

Introduction

A Cheann Comhairle, and Members of the House ,

I am delighted, on behalf of Ms Frances Fitzgerald T.D., Minister for

Justice and Equality to have this opportunity to introduce the Courts Bill

2015 to the House and I look forward to engaging with Members as we

progress the Bill through the various stages.

Purpose of the Bill

This Courts Bill is a single provision measure having just one purpose – an

increase in the maximum number of High Court judges from 35 to 37.

Section 1 of the Bill provides for a net change in numbers and, in doing

so, amends section 9 of the Courts and Court Officers Act 1995, as

amended by the Courts and Court Officers (Amendment) Act 2007, to provide

that the number of ordinary judges of the High Court shall not be more than

37 – an increase, as I have said, from 35 which was set in 2007.

The number of judges of the different courts is fixed from time to time by

legislation under the provisions of Article 36 of the Constitution. The

existing maximum limit on the number of ordinary judges of the High Court

was set in 2007 by the Courts and Court officers (Amendment) Act. That Act,

as is the case with the Bill before the House today, amended the Courts

and Court Officers Act 1995 by providing that there shall be no more than

35 ordinary judges of the High Court.

The best part of a decade therefore has passed since the last increase in

the statutory number of High Court judges. Deputies will, I am sure,

accept that we have had considerable growth, over that period of time, in

the volume and complexity of proceedings and litigation coming before the

courts system as a whole. While it should be acknowledged that the pressure

on the Courts has been managed very effectively and professionally indeed

by the judiciary with the very able support of the Courts Service, in some

important areas of High Court business waiting times are longer than I

think any of us would want them to be.

The allocation of a further two judges to the High Court isn’t just about

addressing waiting times although the Bill will address in particular the

waiting times being experienced in the Central Criminal Court. The

reality is that it is more to do with enabling the Court work more

efficiently, for example by reducing the number of reserved judgements that

are handed down. I will return again in a few moments to the position in

the Central Criminal Court and the question of reserved judgements.

A separate problem, but one about which I know the Minister has concerns

and which should not be ignored, is the recent loss of a significant number

of judges from its ranks in the High Court, with a considerable

consequential loss of experience. Some of this of course can be explained

by retirement but I would also remind Senators that only one year ago no

less than nine High Court judges were appointed to the new Court of Appeal.

It has been widely acknowledged that the new Court has had a very marked

positive impact on the problem of delays in hearing appeals, and in

passing, I want to acknowledge the tremendous contribution of the new Court

and the great progress it has made in the past year. However, perhaps

inevitably, there have been certain repercussions in the sense of the depth

of judicial experience that was drawn from the High Court.

Let me be clear that those judges have of course been replaced by a strong

cohort of new judges, but nevertheless the Minister understands the effect

of, and is anxious to respond to, the loss of judicial experience from the

High Court.

Another factor that I should mention that has had a real effect on the

progress of proceedings in the High Court is the increase in the number of

lay litigants. Generally speaking cases involving lay litigants can take

longer because of the relative inexperience such litigants can have of

court procedures. More and more lay litigants are coming before the court,

as is of course their right, but because lay litigants tend not to have the

experience of proceedings, there is a marked trend in these instances in

increased times for proceedings.

So various factors are leading to increased waiting times for cases to be

heard in some areas of the Courts and to an increase in the number of cases

not proceeding on days listed for hearing as well as a significant number

or reserved judgments.

It was to address these issues and more generally to provide for greater

efficiency in the conduct of its affairs that, having consulted with the

senior judiciary, the Minister requested Government to approve additional

resources in the form of two additional judges of the High Court.

I would like to explain in a little more depth the developments and trends

in different areas of proceedings before the High Court that underline the

business case for the assignment of two more judges.

Pressure points in the High Court that the Bill will substantially

alleviate include the number of cases where reserved judgements are given.

While there are good reasons for reserving judgements in many cases, giving

judges time to reflect on evidence and the law, the amount of these is of

particular concern to the judiciary. It is easy to see why this can be

most unsatisfactory from the point of view of all concerned, not least the

parties to the action or matter at hand.

Reserved judgements are frequently handed down in judicial review matters,

commercial court cases and chancery actions. The increase in the number of

reserved judgements can perhaps be seen as an unintended consequence of the

efforts being made by the judiciary to stay on top of waiting lists across

the various areas of court business.


Deputies will need no convincing about the importance of avoiding

unnecessary delays in criminal trials. In the Central Criminal Court, a

marked trend is the increasing duration of trials due to the greater

complexity of evidence coming before the Court. Waiting times here are a

matter of concern. The Minister is aware that recently the President has

found it necessary to appoint a fifth judge to the full time hearing of

cases in the Central Criminal Court. Currently waiting times for trials of

18 months approximately can be very difficult for all concerned and of

course particularly distressing for victims of crime and their families.

In many instances cases cannot proceed on the date listed for trial and

this has implications for costs for practitioners and witnesses. I know

that the Minister is particularly concerned about this and she anticipates

that the allocation of an extra judge to that Court will help to alleviate

this.

Medical Negligence litigation represents a sizeable portion of business

before the High Court. Because of the lengthy duration of most of these

actions, the President of the High Court makes a very convincing case for

the deployment of judicial resources to manage these actions at the

earliest opportunity. I agree fully that early intervention by a judge

offers the best prospects of limiting the duration of hearings by early

identification of issues which can lead to earlier settlement. I think

this would be helpful to families who are so often involved in these

difficult and upsetting cases. Better and proactive management of these

actions is likely to lead to savings in the amount of costs of litigation

for actions where frequently the taxpayer must foot the bill.

This is one of the reasons why the Minister introduced new legislative

measures for pre-action protocols for medical negligence cases as an

amendment in the Seanad when it was considering Committee and Report Stages

of the Legal Services Regulation Bill during the last two weeks.

The Companies Act is predicted to generate an increased level of company

law related applications to the High Court. These applications, many of

which relate to the restriction of directors of insolvent companies can

take a number of days of court time and it is estimated that at least one

extra High Court judge will be required to manage this business.

Judicial reviews of decisions of courts and other bodies where reliefs and

remedies are sought arise frequently in such areas as planning matters,

challenges to the constitutionality of legislation, Habeas Corpus matters

and debt cases. It’s a critical area of activity for the Court and more

judicial resources are needed here – practically all judicial reviews

require written judgements.


Conclusion

In bringing my introduction of this Bill before the Dáil to a close, I

should emphasise that while the effect of the Bill as I said is merely to

alter a number in the relevant statute, its importance must not be

underestimated. I consider that the Bill will, once appointments are made,

have a far-reaching and very positive impact on the work and output of the

High Court. I believe it is a very worthwhile measure to underpin the

efficient conduct of business right at the centre of the administration of

justice in the State

In summary therefore, while the Bill is a response to the amount of cases

coming before the High Court including judicial reviews, medical negligence

actions, asylum applications and company law related applications, its

specific benefits will be to enhance the efficiency with which the business

of the court is managed as a whole and how judgements are handled in

particular.

This Bill further represents the determined approach of the Minister and

the Government to enhance the efficiency of the administration of justice

as evidenced by bringing into existence recently a second Special Criminal

Court and last year the establishment of the Court of Appeal. And there are

further reforms underway to bring about greater efficiencies and streamline

matters in the courts including proposals for a new system of Family

Courts.

I thank Deputies for their support for, and engagement with, this important

measure. It represents an important step for the High Court and I look

forward to our debate on the matter and I commend the Bill to the House.

ENDS