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Minister Fitzgerald welcomes successful passage of Court of Appeal Bill 2014

  • Court of Appeal Bill passes through both Houses of the Oireachtas
  • Bill gives effect to Referendum decision of the people for appeals court

Frances Fitzgerald, TD, Minister for Justice and Equality, yesterday

welcomed the successful passage of the Court of Appeal Bill 2014 through

the Dáil and the Seanad.

The Minister said that “in publishing and steering this Bill through both

the Dáil and Seanad, the Government has responded in the most positive way

possible to the mandate given to it by the people last October to provide

for the establishment of a new Court of Appeal.”

The Court of Appeal Bill 2014, published on 4th July, provides for the

establishment of the new Court and makes the necessary legislative

provision to ensure that it is accommodated within the existing courts’

structure.

The Minister stated: “This is the biggest reform in the organisation of our

courts system since the foundation of the State. This Bill paves the way

for changes in our courts system which will be radical and far-reaching.”

The Minister paid tribute to the collaborative spirit which marked the

passage of the Bill through both Houses: “I am very conscious of the

overwhelming support which the Bill received in its passage. This affirms

the fact that reform in this area has been long-awaited and I am pleased

that I am in a position to bring the legislative phase of this project to a

successful conclusion.”

The Minister continued: “Other arrangements of an implementing nature are

already in train to ensure that the Court of Appeal will be operational in

October.”

She concluded: “A measure of success for the new Court will be the delivery

of significant reductions in the waiting time for the hearing and

determination of appeals. I am confident that the new Court is equipped

with all of the tools necessary to enable it to realise the expectations

which are being placed upon it.”

The Bill will shortly go to the President for signature.

Ends.../

 

Note for Editors:

The Programme for Government indicated that the necessary steps to create a

permanent Court of Appeal would be taken during the lifetime of the current

Government. A referendum proposing the establishment of the Court of

Appeal was agreed to by the people on 4 October 2013. Under the terms of

the referendum proposal it was specified that a law providing for the

establishment of the Court of Appeal should be enacted as soon as

practicable after the enactment of Article 34A (which indicates that the

Court of Appeal is to be established in accordance with its terms). This

Bill responds to that imperative.

The Bill is divided into a series of Parts. It is essentially an amendment

Bill which amends both courts legislation and legislation across a range of

other sectors in order to take account of the establishment of the Court of

Appeal.

Part 1 deals with standard provisions in relation to citations, definitions

etc.

Part 2 deals directly with the Court of Appeal and includes provisions

relating to

Its establishment

The appointment of judges

The remuneration of judges

The President of the Court of Appeal

Rules of Court in relation to the Court of Appeal

The Office of Registrar of the Court of Appeal

Matters of more general import.

Part 3 provides for the necessary amendment of a variety of Acts.

Part 4 provides for the repeal of certain existing statutory provisions

(consequent upon the abolition of the Court of Criminal Appeal and the

Courts-Martial Appeal Court). It also contains a number of construction

provisions and transitional arrangements to deal with cases which are in

being in the Court of Criminal Appeal and the Courts-Martial Appeal Court

at the time of the establishment of the Court of Appeal.