I move: "That the Bill be now read a Second Time."
As the House will be aware, the maximum number of ordinary judges of the High Court is prescribed by law. Currently, the Courts and Court Officers Act 2002 provides that the number shall not be more than 26. When I refer to ordinary judges of the High Court, I refer to the judges of the High Court other than the President of the High Court. The number of ordinary judges of the High Court can be increased by one when, as currently, the President of the Law Reform Commission is a judge of the High Court. The Bill before the House today provides that the maximum number of ordinary judges can be increased by two to 28.
I am aware that the legislative cap on the maximum number of judges provides for little flexibility in judicial assignments and resources generally. If the Government of the day wishes to appoint an additional judge to any court, primary legislation must be enacted. This is a rather cumbersome way of proceeding and there is merit in examining whether there is a more expeditious way of making provision for additional judges while ensuring that the Executive is fully account able to the Oireachtas in such matters. This matter is being examined in my Department.
I appreciate that any reference to judicial resources raises in some minds the issue of delays in the courts. The establishment of the Courts Service as an independent agency in 1999 represented the most radical reorganisation of court services in Ireland since the foundation of the State. The mission statement of the agency is: "To manage the courts, support the Judiciary and provide a high-quality and professional service to all the courts." As Minister, I am responsible for ensuring that the service is adequately funded. In 2003, €92.179 million has been provided for the Courts Service, which represents a 5.6% increase compared to 2002. This does not include judges' salaries, which are payable out of the Central Fund. This funding allows the Courts Service to advance the implementation of its strategic plans and policies, specifically in the areas of information technology and capital building programmes. I am confident that the level of funding provided to the Courts Service is adequate to maintain existing levels of service.
The courts' strategic service plan is designed to provide a framework within which the courts can provide an efficient, speedy and user-friendly service for people seeking a legal remedy. The service places particular emphasis on the implementation of an IT strategy to meet the operational requirements of all offices and facilitate the provision of a high-quality service to all who use the courts. The service actively assists the Judiciary in all initiatives undertaken on judicial case management. The implementation of judicial practice directions aimed at reducing waiting times in the non-jury and judicial review list in the High Court, which enables parties who are ready and willing to go to trial to obtain a speedy hearing, is a good example. Major efforts have been made by the service in conjunction with the Judiciary to reduce waiting times in criminal and family law matters. Extra criminal courts have been held and waiting times reduced.
The Government has provided significant additional resources for the Judiciary and the number of judges attached to the District Court, the Circuit Court, the High Court and the Supreme Court has been increased in recent years. Seven additional judges were appointed under the provisions of the Courts and Court Officers Act 2002 – two High Court judges, three Circuit Court judges and two District Court judges. The provision of these additional resources has assisted in the objective of reducing delays generally.
There is nothing contentious in the Bill. It is simply to enable the number of judges to be increased by two. As I have indicated, the current legislative method of increasing the number of judges is cumbersome. There may be a more expeditious way of doing so without losing any accountability and I will consider the matter further. I commend this Bill to the House.