Historic Week for Courts and Legal Service Reform

This week the Houses of the Oireachtas dealt with three key pieces of legislation that are fundamental to the modernisation and reform of the courts and legal services. The Court of Appeal Bill 2013 and the Courts and Civil Law (Miscellaneous Provisions) Bill 2013 completed their passage through the Dáil today, and the Legal Service Regulation Bill 2011 started Committee Stage.

Speaking today Alan Shatter TD, the Minister for Justice, Equality and Defence said, “Radical change is happening across several fronts to modernise and reform our courts and legal services to make them fit for purpose. The Court of Appeal Bill, which completed it passage through the Dáil today, is designed to ensure speedier access to justice by modernising our courts structure. In the coming weeks and months my colleagues and I will actively encourage people to vote in favour of this important constitutional amendment.

“The Courts and Civil Law Bill 2013 completed its passage through the Dáil today. This Bill contains several important reforms to the Courts, including changes to the in-camera rule which will provide for much greater transparency and confidence in family law and child protection procedures. This Bill also increases the financial jurisdiction limits of the Circuit Court from €38,092 to €75,000 and the District Court from €6,384 to €15,000, bringing them in line with current monetary values and ensuring that cases are brought to the appropriate court level.

“Finally, Committee Stage of the Legal Service Regulation Bill commenced and I am very pleased with the progress that was made, particularly in relation to Part 2 of the Bill which ensures the independence of the new Legal Services Regulator Authority, both in terms of its appointments and the discharge of its functions. Members of the Authority will be put forward by nominating bodies, and not by the Government, subject to their having the relevant expertise as set out in the Bill. Committee Stage will resume in the Autumn at which stage a Regulatory Impact Analysis be published and further amendments in relation to the new independent complaints structures, a more transparent legal costs regime and new business models for the provision of legal services.”

The Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013 provides for the establishment of a Court of Appeal, if the proposal is approved by the people in a Referendum to be held in early October.

The Courts and Civil Law (Miscellaneous Provisions) Bill 2013 will modify the in-camera rule so that members of the news media can be present in court, in certain circumstances, when family law and child care proceedings are being heard. It will also bring the monetary jurisdiction limits of the Circuit and District Courts in civil proceedings into line with current monetary values. Furthermore, once enacted the Bill will permit the appointment of two additional Supreme Court Judges to tackle the delay in cases before that Court and the Court of Criminal Appeal, allow for the appointment of extra jurors in lengthy complex criminal trials and allow for legal aid and advice for coroners’ inquests into the death of persons in involuntary custody of the State.

The Legal Service Regulation Bill 2011 will provide for: independent oversight of both legal professions by a new Legal Services Regulatory Authority; a new Office of the Legal Costs Adjudicator to ensure greater transparency and public awareness when it comes to legal costs; a new independent complaints structure to deal with complaints about professional misconduct, and new Alternative Business Structures forms of which already exist in England, Wales, Australia, Germany, the Netherlands and Canada that enable greater business and employment opportunities and flexibility within the professions, and greater choice and competition for their clients.