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Shatter announces provision for two additional Supreme Court judges

The Minister for Justice, Equality and Defence, Alan Shatter, TD, has

announced that the Government has approved his proposals for a new legal

provision to facilitate the appointment of an additional two judges in

order to tackle the lengthy waiting times in the Supreme Court and the

Court of Criminal Appeal.

The average delay for new non-priority cases before the Supreme Court is

now approximately four years.  Earlier this year, the Chief Justice

announced the Court could not accept any new priority cases, given that

there were already over 70 cases on the priority list awaiting hearing.

The Minister and the Attorney General met with the Chief Justice to discuss

the difficulties and, following this meeting, the Minister brought a

proposal to his Government colleagues to allow for the appointment of two

new judges.  The necessary legislative amendment will be brought forward in

the Courts Bill 2013 which is currently awaiting Committee Stage and will

be enacted in the coming weeks.

The Minister announced last week that a Referendum on a Constitutional

Amendment for a Court of Appeal will be held in the Autumn.

Welcoming the Government Decision, Minister Shatter said “It is vital that

litigants can vindicate their right of access to justice.  The waiting

periods in the Supreme Court list are negating the efficient throughput

achieved in the High Court, particularly in the Commercial Court list.

Last week Government agreed that the proposed Constitutional Amendment to

create a new Court of Appeal should be put to the People in the autumn and

has now further approved my proposal to increase the number of judges of

the Supreme Court which will facilitate the introduction by the Chief

Justice of increased sittings in both the Supreme Court and the Court of

Criminal Appeal.  This measure will underpin the ongoing process of court

reform which is essential to maintaining our competitiveness and upholding

citizens’ rights under both the Constitution and the European Convention on

Human Rights.”

7 May 2013

ENDS

Note for Editors:

New Supreme Court Judges

The situation in the Supreme Court was recently highlighted on 2nd March

2013 by the Chief Justice in a speech to the Seminar on Constitutional

Reform organised by the Department of Justice.  The Minister had previously

discussed the issue with the Chief Justice and subsequently secured the

agreement of the Minister for the Department of Public Expenditure and

Reform to appoint two additional judges to the Supreme Court bringing the

total number of ordinary judges to 9 (plus the Chief Justice).  The Cabinet

today agreed to the Minister for Justice’s proposal.  These appointments

will facilitate the Chief Justice arranging for additional court sittings

later in the year to address the appeal backlog that has developed,

including the scheduling of several sittings of the Court of Criminal

Appeal and for the Supreme Court to sit routinely on a divisional basis.

The Chief Justice has indicated that the appointments, together with

efficiency measures already introduced, will help reduce delays and the

financial, economic and reputational risks associated with delay.

The Courts (Establishment and Constitution) Act 1961, as amended by the

Courts and Court Officers Act 1995 provides for a maximum of 7 ordinary

judges of the Supreme Court.  The Minister will now include a new provision

in the Courts Bill 2013 by way of Committee Stage amendment.  (The salary

of a Supreme Court judge (appointed from 1 January 2012) is currently

€197,272 (€178,608 net of pension related deduction).  It is expected that

the Courts Bill 2013 will complete its passage through both Houses of the

Oireachtas before the summer vacation.