Radical overhaul of judiciary announced as report recommends up to 108 extra judges

• Author: Mary Carolan
• Published date: 25 February 2023
• Publication title: Irish Times: Web Edition Articles (Dublin, Ireland)

Minister for Justice Simon Harris announced the move as his department published two top-level reports suggesting Ireland may need up to 108 extra judges over the next five years. The exact number will not be clear until a major reform programme has been progressed

The Judicial Planning Working Group, comprising senior public servants, was established by Minister Helen McEntee in 2021 to carry out the first in-depth assessment here of judicial requirements over the next five years and into the longer term.

Its report makes more than 50 recommendations for change in court and judicial work practices, including five-day weeks across all jurisdictions, longer courtroom sittings, shorter vacations, better case management and the urgent introduction of a modern IT system.

An independent parallel study commissioned by the Department of Justice from the Organisation for Economic Co-operation and Development (OECD) described the experience of court users as "poor, due to costly, complex and often delayed services, cases and processes" and proposed a wide range of measures to address this.

The current information communications technology architecture is "not fit for purpose, putting day-to-day court business at risk, limiting access to data and reducing governance and management effectiveness", the OECD said. "Operations are dated, complex and inefficient."

The reports come as the courts continue to battle with case backlogs exacerbated by the Covid-19 pandemic.

Persons in custody awaiting trial before the Central Criminal Court on rape and murder charges face an average wait of 12 months for a trial date and those on bail can wait up to two years. In Dublin Circuit Criminal Court, those on bail awaiting trial face a wait of up to 27 months compared to a 12/15 month wait pre-Covid. Those in custody, or priority cases, can expect a trial date within six months.

Substantial backlogs

Both reports, and the Government's commitment of more judges and resources to advance the Courts Service modernisation programme, were welcomed in separate statements issued on behalf of the judiciary, the Courts Service, the Law Society and the Bar of Ireland. Bar Council chair Sara Phelan said some recommendations will have to be closely examined in light of access to justice and other issues.

The Government response "is a real and tangible recognition of the fact that a functioning justice system is not a luxury but is a critical component of a modern liberal democratic society which...