Constitutional Amendments

Dáil Éireann Debate, Wednesday - 18 September 2013

Wednesday, 18 September 2013

Questions (1024, 1025, 1026, 1027)

Andrew Doyle

Question:

1024. Deputy Andrew Doyle asked the Minister for Justice and Equality if the Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013 attempts to remove the President of the High Court as an ex-officio member of the Supreme Court; if this is permitted under current constitutional law or if the current President of the High Court's situ on the Supreme Court is secured until the next President of the High Court is appointed after the establishment of the Court of Appeal; and if he will make a statement on the matter. [37134/13]

Andrew Doyle

Question:

1025. Deputy Andrew Doyle asked the Minister for Justice and Equality if the Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013 attempts to remove the President of the High Court as an ex-officio member of the Council of State; if this is permitted under current constitutional law or if the current President of the High Court's situ on the Council of State is secured until the next President of the High Court is appointed after the establishment of the Court of Appeal; if the new President of the Court of Appeal will have a position on the Council of State from the establishment of the Court of Appeal, or from after the current President of the High Court steps down; and if he will make a statement on the matter. [37135/13]

Andrew Doyle

Question:

1026. Deputy Andrew Doyle asked the Minister for Justice and Equality if the Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013 will manage both criminal and civil cases in view of the fact that the Court of Criminal Appeal is still in existence; if he intends to merge the Court of Criminal Appeal into the singular Court of Appeal, if the referendum is ratified by the people; and if he will make a statement on the matter. [37136/13]

Andrew Doyle

Question:

1027. Deputy Andrew Doyle asked the Minister for Justice and Equality if the Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013 intends to deal with the one-judgment rule if the President of Ireland should invoke his Article 26 power to refer a Bill from the Oireachtas to the Supreme Court; the views of the Constitution Review Group on this matter; if he will detail the concerns of the group for not amending the one-judgment rule in this particular scenario, as opposed to the change the amendment will make to Article 34; and if he will make a statement on the matter. [37137/13]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 1024 to 1027, inclusive, together.

The Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013 was published on 9 July. The Referendum on the Court of Appeal is due to be held on 4 October next. In the event that the Referendum is passed the changes to the Constitution contained in the Bill will take effect in accordance with the provisions in the Bill.

As regards the issues raised by the Deputy, the following is the position:

-The President of the High Court's ex-officio membership of the Supreme Court is provided for in the Courts (Establishment and Constitution) Act 1961 rather than in the Constitution. It is the Government's intention that the President of the High Court will continue to be an ex-officio member of the Supreme Court.

-The Bill does not provide for any change to the President of the High Court's ex-officio membership of the Council of State. Instead, the Bill provides for the amendment of Article 31.2.i to include the President of the Court of Appeal as an additional ex-officio member of the Council of State.

-If the Referendum is passed, there will be one Court of Appeal which will deal with both civil and criminal appeals.

-The Bill provides for the deletion of the one-judgment rule contained in Article 34.4.5. However, the Bill proposes no change to the one-judgment rule contained in Article 26.2.2, where a Bill is referred to the Supreme Court by the President. The provisions in the Bill in this regard are at one with the recommendations of the Constitution Review Group.