Bar urges ‘careful consideration’ of court reform plans

Sara Phelan SC

The barristers’ body has warmly welcomed the government’s announcement that it will appoint an additional 24 judges across the Irish courts this year and a further 20 judges next year following the final report of the judicial planning working group and an OECD report.

In a statement on Friday evening, Sara Phelan SC, chair of the Bar Council, said: “The proposed appointment of additional judges across almost all jurisdictions announced by government today is very welcome, as is the recommendation for increased Master and Registrar appointments.

“The effectiveness of that expansion to meet future demand will be defined by the resourcing around them.

“The OECD report makes the recommendation of an increase of judicial appointments by 26.2 per cent to reflect new areas of work as well as to manage the natural increased demand with the growth of our population.

“The announcement of Phase 1 and Phase 2 appointments go an important way towards that recommendation.”

However, she added that a number of issues raised in the report “will need to be carefully considered in order to evaluate their impact on access to justice and how our system continues to have the trust of the public”.

Ms Phelan said: “Firstly, changes or suggested rationalisation of Circuit or District Court Areas, particularly in the area of family and childcare, need to be viewed from a range of perspectives, and we welcome the opportunity to contribute to that review.

“Secondly, while the focus on metrics, data and use of technology in terms Courts Service performance is welcome, the importance of publicly accessible, in-person judicial services should not be underestimated. While the focus on efficiencies is important to the administration of justice, they should not arise at the cost of access to a vital public service.

“Thirdly, the reforms underway through the implementation of the Kelly Report on the review of the administration of civil justice, Justice Plan 2022 as well as the important body of work in respect of a new family law system and the review of the civil legal aid system mean that dialogue between those groups, and practitioners operating at the coal face, is all the more important.”

The Bar Council said it will consider the reports “in detail in the weeks ahead”.