Minister Fitzgerald welcomes successful passage of Court of Appeal Bill

Court of Appeal Bill passes through both Houses of the Oireachtas
Bill gives effect to Referendum decision of the people for appeals court

Thursday 17th July 2014

Frances Fitzgerald, TD, Minister for Justice and Equality, yesterday
welcomed the successful passage of the Court of Appeal Bill 2014 through
the Dáil and the Seanad.

The Minister said that “in publishing and steering this Bill through both
the Dáil and Seanad, the Government has responded in the most positive way
possible to the mandate given to it by the people last October to provide
for the establishment of a new Court of Appeal.”

The Court of Appeal Bill 2014, published on 4th July, provides for the
establishment of the new Court and makes the necessary legislative
provision to ensure that it is accommodated within the existing courts’
structure.

The Minister stated: “This is the biggest reform in the organisation of our
courts system since the foundation of the State. This Bill paves the way
for changes in our courts system which will be radical and far-reaching.”

The Minister paid tribute to the collaborative spirit which marked the
passage of the Bill through both Houses: “I am very conscious of the
overwhelming support which the Bill received in its passage. This affirms
the fact that reform in this area has been long-awaited and I am pleased
that I am in a position to bring the legislative phase of this project to a
successful conclusion.”

The Minister continued: “Other arrangements of an implementing nature are
already in train to ensure that the Court of Appeal will be operational in
October.”

She concluded: “A measure of success for the new Court will be the delivery
of significant reductions in the waiting time for the hearing and
determination of appeals. I am confident that the new Court is equipped
with all of the tools necessary to enable it to realise the expectations
which are being placed upon it.”

The Bill will shortly go to the President for signature.

Ends…/

Note for Editors:

The Programme for Government indicated that the necessary steps to create a
permanent Court of Appeal would be taken during the lifetime of the current
Government. A referendum proposing the establishment of the Court of
Appeal was agreed to by the people on 4 October 2013. Under the terms of
the referendum proposal it was specified that a law providing for the
establishment of the Court of Appeal should be enacted as soon as
practicable after the enactment of Article 34A (which indicates that the
Court of Appeal is to be established in accordance with its terms). This
Bill responds to that imperative.

The Bill is divided into a series of Parts. It is essentially an amendment
Bill which amends both courts legislation and legislation across a range of
other sectors in order to take account of the establishment of the Court of
Appeal.

Part 1 deals with standard provisions in relation to citations, definitions
etc.

Part 2 deals directly with the Court of Appeal and includes provisions
relating to

Its establishment
The appointment of judges
The remuneration of judges
The President of the Court of Appeal
Rules of Court in relation to the Court of Appeal
The Office of Registrar of the Court of Appeal
Matters of more general import.

Part 3 provides for the necessary amendment of a variety of Acts.

Part 4 provides for the repeal of certain existing statutory provisions
(consequent upon the abolition of the Court of Criminal Appeal and the
Courts-Martial Appeal Court). It also contains a number of construction
provisions and transitional arrangements to deal with cases which are in
being in the Court of Criminal Appeal and the Courts-Martial Appeal Court
at the time of the establishment of the Court of Appeal.