Dáil Éireann Debate, Thursday - 10 November 2022
282. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if there will be a separate Bill for the establishment of an environmental and planning division of the High Court; if she intends to hold pre-legislative scrutiny on this Bill and engage with stakeholders; if the proposals will be included in the proposed planning and development Bill from the Government; and if she will make a statement on the matter. [55984/22]
View answerAs the Deputy may be aware, both the Programme for Government and the Government's Housing for All Strategy commits to the establishment of a new division of the High Court dealing with planning and environmental issues. The new court will be established on the same basis as the existing commercial court model.
On 2nd November 2022, I received Government approval to proceed with establishing a dedicated planning and environmental division of the High Court in line with this commitment. This approval followed on from work undertaken by officials in my Department who have been working with the Courts Service and the Department of Housing, Local Government and Heritage in advancing the commitment and who have put in place a Steering / Implementation group to progress this matter.
The resourcing of the new Court, along with its scope, how it will operate, and the steps involved in its establishment were examined by the group. In parallel, the Judicial Planning Working Group (JPWG), established by my Department in April 2021, is due to report in the coming months. The JPWG was set up in line with commitments in the Programme for Government and Justice Action Plan 2021 to "Establish a working group to consider the number of and type of judges required to ensure the efficient administration of justice over the next five years". Its recommendations will help inform any future judicial resourcing needs, including for the proposed new Planning and Environmental Law Court.
While primary legislation would be needed to allow for the appointment of additional judges, the actual establishment of the Court can be effected without the need for amending primary legislation. This work is expected to be completed as soon as possible. The manner in which any necessary proposals for legislative change are to be brought forward is to be determined following the outcome of the work of the JPWG.
