Judge numbers to be increased and new planning court to be established

The plan to increase the number of judges from 173 to 217 will also allow for district and circuit courts to sit five days a week for the first time in history.

Justice Minister Simon Harris has received Cabinet approval and additional funding of more than €15m a year to fund the expansion, plus the creation of a specialised planning and environmental court and dedicated family courts.

Phase one of the plan, which will see the initial tranche of judges appointed is to happen “imminently” with the new judges expected to be in place by the summer recess.

The Irish Examiner understands that in phase one, the Court of Appeal will increase from 16 judges to 18; the High Court will increase from 45 judges to 51; the Circuit Court will increase from 38 to 46 and the District Court will increase from 64 judges to 72.

In phase 2, the High Court, circuit court, and the district courts will each see a further six judges added to their ranks while the Court of Appeal will see a further two judges added.

It is understood that legislation will be needed to increase the number of judges as it is currently capped in law for each court, and a suitable legislative vehicle will be agreed by the Minister for Justice and the Attorney General.

The investment by the Government is based on the work of the Judicial Planning Work Group. The group was established in 2021 by Minister Helen McEntee to address major gaps in the structures and capacity of the Irish justice system.

In addition to the extra judges, it is understood that there will also be increased investment in judicial resources and administrative systems.

At the launch today at Dublin Castle, Mr Harris will say this additional investment will help speed up the planning process to deliver more homes and ensure that the interests of families are at the centre of the new Family Courts system.

Welcoming the move, the Irish Council for Civil Liberties said the increase in judicial personnel is many years overdue.

“For many years, the Irish legal system has been significantly under-resourced in terms of the ratio of judges to citizens.

“This has led to significant delays and frustrated access to the court system.

“The appointment of additional judges should help address these problems,” the body said.

However, it said it is essential that these measures are also accompanied by urgent reform of our legal aid system, which is currently the subject of a major review.

“Before there are any further judicial appointments, the Government must ensure the long overdue Judicial Appointments Commission Bill is finally enacted by the Oireachtas.

“We need to finally deliver a fully independent appointment system,” the Irish Council for Civil Liberties said.

Meanwhile, a leading Oireachtas committee heard concerns about resourcing and about communities' access to justice under the draft planning legislation. 

Gavin Lawlor of the Irish Planning Institute told the Oireachtas housing committee that the bill in its current form would limit those who can apply for a judicial review and would exclude residents' association from directly bringing High Court challenges (though they could be taken in the name of an individual directly impacted).

This reduction in actors who can appeal through the courts is problematic for the Irish Planning Institute, Mr Lawlor said.

“We do believe it will reduce who has access to the law. 

We haves concerns regarding equality of people of different means having equal access to the law.

“We have concern over the Arhaus convention [an international agreement that gives people the right to access justice on environmental matters, information about the environment and promotes public participation in decision-making].”