THE GOVERNMENT is considering holding a referendum on the establishment of a new court of civil appeal on the same day as the referendum on an amendment providing new constitutional protections for children.
Government Chief Whip Pat Carey said yesterday that the prospect of both referendums being held on the same day would be discussed, but emphasised that no decision had been taken on that or on the date for the referendum.
Mr Carey also confirmed that the Joint Committee on the Constitutional Amendment on Children had been given an extension of a month to allow it complete its work. Its final report is now expected at the end of February.
A new court of civil appeal was recommended in a 2008 report from a high-level judicial committee, chaired by Mrs Justice Susan Denham.
The committee considered the need for the court in the light of long delays in civil appeals being heard in the Supreme Court. For some non-priority cases, the average waiting time had run to 26 months.
An appeals court would help reduce the backlog by taking such cases out of the Supreme Court, allowing it to focus on priority cases, including constitutional challenges and appeals based on important principles of law.
Fianna Fáil TD Mary O’Rourke, who chairs the joint committee examining the constitutional rights of the children, said yesterday that the 17 members agreed the wording of the amendment by consensus before Christmas, but the extension had been granted on the basis that it has yet to complete the complementary report.
“We are now parsing the 107-page report which will accompany the wording that explains how we arrived at our decision,” she said. “The wording itself is parcelled up and buttoned. It’s an amazing piece of work as it was agreed between us all.”
There has been speculation that the referendums could be held in June, as a week during that month has been scheduled free of parliamentary sittings. However, it is understood the gap marks a break between two eight-week sessions.