New Court of Appeal ‘most important development’ in history of justice system

The establishment of a new Court of Appeal, due to open later this year, marks the “most important development” in the structure of the courts since the foundation of the State, the Chief Justice has said.

Noting the need for a Judicial Council has been considered for the last 16 years and recommended since 2000, the Chief Justice Mrs Justice Susan Denham also said establishment of a council would be a "most welcome development".

In a statement marking the start of the new legal year, the Chief Justice said the new Court of Appeal, set between the High and Supreme Courts, heralds "a historic year" in our courts and will enable both civil and criminal appeals to be heard in "a timely fashion".

Noting the Government has indicated a Bill to establish a Judicial Council will get priority, she outlined there were preliminary discussions in the 1990s with several Ministers for Justice about the need for a Judicial Council.

A committee to consider the matter began work in 1998 and in 2000 a report was published avising a Judicial Council be established, she said. Among the intended functions of the council are education of judges, establishment of ethical guidelines to ensure high standards of judicial conduct and a complaints procedure for members of the public who wished to make a complaint against a judge.

“A Judicial Council has been advocated by the judiciary as an important body for the judiciary in an independent democratic State,” she said.

The need for a Judicial Council in Ireland had also been recognised internationally by the United Nations, following the visit of its Special Rapporteur on Human Rights Defenders to Ireland in late 2012, and the European Network of Councils' for the Judiciary, she said.

"Thus, the need for a Judicial Council has been considered for the last 16 years, and it is indeed welcome news that the Judicial Council Bill has priority."

The Chief Justice also noted the judiciary earlier this year formed the Judicial Appointments Review Committee to draft recommendations in response to the Department of Justice and Equality's review of the judicial appointments process. Among the recommendations are that party political allegiance should play no part in the appointment of a judge and the Judicial Appointments Advisory Board should be adequately resourced.

Ireland has the lowest number of judges per head of population among the 47 Council of Europe member states, she said. While “this all paints a picture of a Judiciary and Courts system that has been under developed”, that was being addressed with the establishment of the Court of Appeal and appointment of judges to that court, the anticipated establishment of the Judicial Council, and other developments throughout the courts.

She welcomed a €120m Public Private Partnership (PPP) project for the building of new courthouses and refurbishment of existing buildings in seven locations, Drogheda, Letterkenny, Wexford town, Mullingar, Cork, Limerick and Waterford. It is expected the relevant tender will be awarded early next year with the new courthouses due to be completed in late 2017.

“As Ireland emerges from the fiscal crisis, it is clear judges have played a significant role in giving dedicated and diligent service to the State at a difficult time in our nation’s history,” she said.

Various international studies showed the independence of Ireland's judges was perceived very highly with Ireland ranked 2nd after Finland out of the 28 EU member states while the World Economic Forum had ranked Ireland 3rd after New Zealand and Finland out of 148 economies.

“It is significant that this recognition is given to our judiciary, the third branch of government, which protects the rule of law for the benefit of Ireland and its people,” she said.