The administration of civil justice in Ireland is broadly derived from 19th Century legislation (in particular the Judicature (Ireland) Act 1877) which has been added to or adjusted in a largely piecemeal way over the years.
In March 2017, it was announced that a Group, to be chaired by the President of the High Court, Mr. Justice Peter Kelly, would be established to review and reform the administration of civil justice in the State.
The Group is to report to the Minister for Justice and will make recommendations for changes with a view to improving access to civil justice in the State.
The aim of the Review is to examine the current administration of civil justice in the State with a view to:
- Improving access to justice;
- Reducing the cost of litigation including costs to the State;
- Improving procedures and practices so as to ensure timely hearings;
- The removal of obsolete, unnecessary or over-complex rules of procedure;
- Reviewing the law of discovery;
- Encouraging alternative methods of dispute resolution;
- Reviewing the use of electronic methods of communications including e-litigation;
- Examining the extent to which pleadings and submissions and other court documents should be available or accessible on the internet;
- Identifying steps to achieve more effective outcomes for court users with particular emphasis on vulnerable court users including children and young persons, impecunious litigants who ineligible for civil legal aid and wards of court
Family Law matters are not included in the remit of the Group as there is already a publicly-stated intention of the Government to bring forward modernising legislation in the form of a Family Courts Bill.
The proposal is in keeping with the Programme for Government commitments, which include:
- “A modern legal system must be able to respond to the changing values and attitudes of our society, resolve issues and promote equality. Through the implementation of a progressive law reform programme we can strengthen our Constitution, rule of law and our justice system for the benefit of everyone.;
- We will commission an annual study on court efficiency and sitting times, benchmarked against international standards, to provide accurate measurements for improving access to justice; and
- We will propose legislation to reduce excessive delays to trials and court proceedings including pre-trial hearings.”
The Review Group is comprised of the following members:
President Peter Kelly | High Court | (Chair) |
The Hon. Mr. Justice Liam McKechnie | Supreme Court | |
The Hon. Ms. Justice Mary Irvine | Court of Appeal | |
The Hon. Ms. Justice Leonie Reynolds | High Court | |
The Hon. Judge Francis Comerford | Circuit Court | |
Judge John Brennan | District Court | |
Mr. John Shaw | Dept. of Taoiseach | |
Mr. Conan McKenna | Dept. of Justice & Equality | |
Mr. John Burke | Dept. of Public Expenditure & Reform | |
Mr. Feargal O’ Dubhghaill | Office of the Attorney General | |
Ms. Ciara Murphy | Office of the Chief State Solicitor | |
Mr. Paul McGarry | Bar Council of Ireland | |
Mr. Stuart Gilhooly | Law Society of Ireland | |
Mr. Noel Rubotham | Courts Service | |
Ms. Nicola Kelly | Dept. of Justice & Equality | (Secretary) |
Ms. Mary Kelly | Courts Service | (Secretary) |