Dáil Éireann Debate, Tuesday - 1 October 2013
508. Deputy Terence Flanagan asked the Minister for Justice and Equality the way the judges for the new court of appeal will be appointed if the referendum on the matter is passed (details supplied); and if he will make a statement on the matter. [41021/13]
View answerThe referendum on the proposed Thirty-third Amendment of the Constitution (Court of Appeal) Bill will be held on October 4th. The establishment of the Court of Appeal will require the enactment of an “Implementation Bill” that will deal with many practical issues in regard to the new Court of Appeal, such as the formal establishment and membership of the Court of Appeal; the appointment of judges, the organisation of the Court and provision for the office of Registrar of the Court; among other issues. The existing requirements for appointment to the Superior Courts are set out in Section 5 of the Courts (Supplemental Provisions) Act 1961, as amended by section 28 of the Courts and Court Officers Act 1995 and further amended by section 4 and section 6 of the Courts and Court Officers Act 2002. Judges are appointed by the President on the advice of the Government. Such appointments are dealt with by the Judicial Appointments Advisory Board which was established pursuant to the Courts and Court Officers Act 1995. It should be noted that section 17 of the same Act provides that the Board's procedures shall not apply where the Government propose to advise the President to appoint a serving judge.
The costs of the proposed Court of Appeal continue to be analysed but the current estimate is that the Court of Appeal would have an annual cost of €2.5 to €3m. This includes judicial salaries plus the cost of overheads, support staff, etc. These are, however, preliminary figures and the ultimate costs will depend on the number of judges required. The current assessment is that the new Court will require 10 judges (9 ordinary and a President) but the final decision on this aspect can only be made when we have a clearer picture of the Supreme Court backlog which will exist when the implementation bill is being finalised. It is expected that the appointment of two additional Supreme Court judges in the autumn will allow the Supreme Court to sit regularly in two Divisions which should have a positive impact reasonably quickly.
Of course, there would be a significant personal and business cost of not providing a solution to this structural problem. The current level of delay in the Supreme Court of over four years is unsustainable for individuals and businesses seeking to pursue their Constitutional right of appeal. The establishment of a Court of Appeal provides a long-needed reform of our courts system. It will have significant benefit for individual citizens, but will also maintain the internationally recognised standing of Ireland as a competitive economy in which to do business.
