Courts have key role to play in protecting rights in current era, says Chief Justice

In an era of “sometimes aggressive populism” amplified by social media, the courts’ protection of rights helps to maintain society on an even keel, the Chief Justice has said in an address marking the new legal year.

One critical test of society is the manner in which it treats people who have been historically discriminated against, Mr Justice Donal O’Donnell told fellow members of the judiciary, legal profession and the Courts Service.

The system of judicial protection of rights, adopted in Ireland in 1922 and the European model of choice, is being “questioned and challenged” in a number of countries, Mr Justice O’Donnell said.

“We in Europe have been forced to confront basic questions of what is meant by the rule of law”, he added, so Ireland should “not be complacent”.

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The Chief Justice stressed the importance of open, efficient and independent justice in what was the first secular ceremony to mark the start of a new legal year.

The decision to move away from the traditional two religious services that have opened past legal years came following a report by a committee chaired by the Supreme Court’s Ms Justice Elizabeth Dunne.

Mr Justice O’Donnell said the previous Church of Ireland and Roman Catholic services have been “valuable and often beautiful”, but there has always been “some discomfort” with the idea of the legal year being “associated, almost by default, with religion”.

The State’s most senior judge also acknowledged the “unprecedented” scale of judicial appointments over recent months but said the pace of delivery has been slower than initially promised.

The appointments came in response to a report of the Judicial Planning Working Group, published earlier this year, recommending an additional 60 to 108 judges over the next five years.

Change of this scale places demand on other resources which have for years been under resourced, the Chief Justice went on.

Also speaking at the ceremony, Attorney General Rossa Fanning remarked on how litigation against the State is an “intended design feature” of Ireland’s model for government.

Citizens are deliberately afforded the opportunity to challenge government actions before an independent judiciary, he said, adding: “Other countries do not do this or do not do it to anything like the same extent.”

However, he said, sometimes the “mere fact of legal claims” being brought against the State is characterised as indicating a “culpable failure”. This is based on a “misunderstanding” of the nature of litigation.

There has been a “substantial” increase in litigation against the State over many years which is due, in part, to the expansion of the modern State and the creation of many statutory entitlements and statutory bodies, he added.

There has also been a gradual growth in the public’s understanding of the power of judicial review decisions, he said.

He added that he is pleased that a number of statutory bodies have, independent of him and the Government, decided to adopt and ratify the State Litigation Principles he published earlier this year.

The principles, which are not rules, outline that the State and its legal teams should act in the public interest in pursuing litigation.

The chief executive officer of the Courts Service, Angela Denning, said the protected Four Courts building will undergo necessary extensive works this year and next, with efforts made to minimise disruption.

There have been a range of technological changes to the courts, including the launch of a new online system for finding cases in the higher courts, replacing an old search tools, Ms Denning said.

The number of video enabled courtrooms has increased and should reach 158 by the end of 2024, further supporting virtual appearances from litigants, legal professionals, witnesses, gardaí and prisoners, she said.