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Dáil
‹ Leaders' Questions

Reform of the Court of Criminal Appeal

Summary

Deputy Adams called for promised courts legislation and a new, permanent court of appeal to address the part-time court’s backlog and delays. The Taoiseach acknowledged the issue while stressing the separation between the Judiciary, Government and Oireachtas.

I very much appreciate the need for Deputies to be very careful about how we deal with these issues and for this reason, I will ask the Taoiseach about promised legislation to reform the Courts Service and provide for a new court of appeal. I also wish to ask about the particular problems with the Court of Criminal Appeal, which is constituted on a part-time basis. The judges who sit in the court are drawn from the High Court and Supreme Court and have significant additional obligations elsewhere. Consequently, the court has a backlog and victims and accused persons experience major delays in having their cases processed. This has led to inconsistency and a lack of clarity in sentencing.

As we have seen, more coherence is necessary, particularly in respect of sexual offences against children. As the Taoiseach has acknowledged, there is widespread public concern following the outcome of yesterday's decision in the rape case in the Central Criminal Court.

My father was an abuser. Abuse creates in a family devastation that is beyond description. It takes a very strong family to cope. I am blessed that I have one. However, we have a duty to protect actively those who fall victim to abuse. Ms Fiona Doyle deserves the support of the Dáil.

Comment on this

Given the difficulties with the justice system as outlined, one way to show support would be to introduce promised legislation on the reform of the courts system to provide for a new court of appeal.

Comment on this
Enda Kenny The Taoiseach Fine Gael

I obviously read over the period the reports of the circumstances and impact on the Deputy's family in matters related to this. I can speak for everyone when I say that I admire the courage and bravery of Fiona Doyle in speaking out, but it is not just a case of the Oireachtas offering some sort of consolation or support. Sometimes, we lose sight of the really fundamental important issues in life in respect of families and relations with each other because of inadequacies of one element of our system or not.

Deputy Adams is well aware of the clear difference between the Oireachtas, the Government and the Judiciary and the clear lines of demarcation that are there. That is not to say that, as an Oireachtas, we should not discuss what it is we think is in the best interests of dealing with these kinds of situation that arise in our society with devastating impact for individuals and for families. I would certainly be happy to arrange, at an appropriate time, that we discuss within the Oireachtas the proposals the Minister for Justice and Equality is considering in respect of changes in the courts system. I obviously remind the Deputy that, to date, the Minister has already brought about some of the most fundamental changes in the legal system in more than 200 years.

This is a matter that is of interest to the Minister. I would suggest that we should have a discussion about what the Oireachtas feels should be put in place for the future, given that there are inadequacies in some respects in our courts system as it currently applies in terms of consistency, membership and the capacity to respond quickly.

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