merrion street

The Minister once again reiterates that it is his and the Government’s view that an independent judiciary and courts system is a cornerstone of our constitutional democracy. The Minister again confirms that within Constitutional parameters there has been and there is ongoing contact, of both a formal and informal nature, between relevant members of Government, the Attorney General and the Judiciary in relation to appropriate issues (see below Minister’s statement of yesterday).

The Personal Insolvency Act 2012 was enacted by the Oireachtas and provision for specialist judges dealing with insolvency matters is properly provided for in the Act. The reason for the approach taken is explained in the Minister’s statement of yesterday. It was the subject of appropriate consultations.

The Constitution does not envisage prior judicial consultation or consent for the holding of a constitutional referendum or for the framing of an article it is proposed to put to the people to amend the Constitution. However, it should be noted that with regard to the proposal to provide for a Court of Appeal, that in 2009 the Working Group on the Court of Appeal chaired by the current Chief Justice, Susan Denham, proposed that constitutional provision be made for the creation of such a court and the need to establish a Civil Court of Appeal has been articulated on numerous occasions. The Programme for Government contains provision for such a court and on Saturday 2 March last a consultative seminar on the required constitutional provision for such a court took place in the Law Society addressed by the Chief Justice, the Attorney General, the Minister for Justice, the Chairman of the Bar Council and the Secretary General of the Law Society. Initial discussion also took place on the proposed new family court structure and a further seminar on it is scheduled for early July.

The March seminar was attended both by members of the legal profession and by members of the Judiciary and a very helpful and constructive engagement took place. At that event, the Minister for Justice publically invited submissions on the proposed Court of Appeal and integrated system of family courts and these are expected to be received by the end of this month. It is only following receipt of those submissions that the proposed wording for the constitutional amendment will be fully developed. It is envisaged that a further consultative process will take place, including consultations with members of the judiciary.

Initial information concerning the Government’s intentions to hold a referendum to reform the court system was announced by the Government in July last and has been available since that date. In the intervening period some members of the judiciary have welcomed the Government’s proposed reforms.

The issue of pay and pensions policy is a matter for the Department of Public Expenditure and Reform. With regard to the referendum concerning judicial pay held in 2011, the Minister addressed that issue in his statement of yesterday.