New Chief Justice tackles judicial reform and online courts in first address

Ireland’s new Chief Justice, Mr Justice Frank Clarke, set out his priorities for the coming year in a key speech that addressed judicial reform, access to justice, online courts and court resources.

Mr Justice Clarke delivered his statement for the coming new legal year to an audience of senior judges, lawyers, the Attorney General and representatives of the legal professions and the Courts Service.

Appearing to draw a line under the row between judges and Government over the Judicial Appointments Bill and Judicial Council Bill, he said: “I do not think that anything useful would be achieved at this stage in revisiting some of the issues which have arisen. Suffice it to say that the judiciary will continue to engage in an appropriate fashion as the legislation passes through the Oireachtas.”

Mr Justice Clarke also warned that “improvements in the court process designed to make access to justice both easier and more affordable are unlikely to come without some cost”, in particular calling for resources to be made available for the implementation of recommendations by Mr Justice Peter Kelly’s civil justice review.

Referring to his role “first and foremost” as president of the Supreme Court, Mr Justice Clarke said he had established a working group alongside Mr Justice O’Donnell and Ms Justice O’Malley to review the procedures of the court and make recommendations for change.

He also revealed plans to allow applications for leave to appeal to the Supreme Court to be made and considered online by 2018, as a “first step” to bringing “all further stages of the appellate process” online.

As a “final priority”, Mr Justice Clarke called for an increase in the number of judges for the Court of Appeal, saying it was “abundantly clear that the workload of the individual judges of the Court of Appeal is, if anything, beyond what can reasonably be expected”.

Mr Justice Clarke said he had agreed with the president of the Court of Appeal, Mr Justice Sean Ryan, that the Supreme Court would take back some cases transferred to the Court of Appeal.

He added: “It is also necessary to address the particular problems of our local courts and especially the District Court. Much recent legislation has increased the types and complexity of their case load.

“It is perhaps time for a thorough review of the resources needed for those Courts and, perhaps, the adoption of a practice of auditing new legislation for the resources implication on the Courts.”