Report calls for court of appeal referendum

A REPORT recommends a constitutional referendum to establish a full-time court of appeal to deal with all civil and criminal cases.

A permanent court of appeal, it was suggested, would bring the Irish courts system in line with other common law countries, along with removing a serious backlog which has developed in cases coming before the Supreme Court.

A Government-appointed group prepared the report, which also warns any delay in reforming the appeal structure would have a negative impact on the economy and Irish society in general

“The Supreme Court does not have the capacity to process promptly the increased output of High Court appeals,” the report noted.

It is believed the Supreme Court in Ireland is the busiest court of final appeal in the world, having disposed of 229 cases in 2007.

By comparison, the US Supreme Court dealt with 74 cases and the British House of Lords dealt with 82 cases in the same year.

Under existing structures, any appeal to High Court rulings can only be made to the Supreme Court — except in criminal cases where appeals are heard by the Court of Criminal Appeal which consists of one Supreme Court judge and two High Court judges.

The report recommends the establishment of a permanent court of appeal, designed to ensure the Supreme Court would only deal with cases relating to constitutional matters and issues of exceptional public importance.

It claims appeals to the Supreme Court currently face delays of up to 30 months because of the growing volume of High Court judgments which are challenged, as well as the increased length and complexity of such cases.

There are currently only two divisions of the Supreme Court to hear appeals from 36 High Court divisions that deal with civil, constitutional, family and criminal matters.

The report states the Supreme Court has largely become engaged in correcting the errors of lower courts, although its primary role was to deal with constitutional issues.

It ruled out the appointment of more Supreme Court judges as a solution as it could create greater inconsistency in its rulings.

The report of the group, chaired by Supreme Court judge Ms Justice Susan Denham, was considered at a recent meeting of the cabinet.

Ministers decided to examine the recommendations in greater detail with a view to identifying how to implement them at a minimum cost.

Justice Minister Dermot Ahern said yesterday the Government had not ruled out a referendum, but would not commit itself to one until it had completed an examination of the issue.

It is considered highly unlikely, for reasons of both political and time, that a referendum could be held in conjunction with the second referendum on the Lisbon Treaty due on October 2.

Welcoming the report, Mr Ahern said he was concerned at the current delay in cases coming before the Supreme Court as it was essential that people were able to access justice as speedily as possible.

“However, I am anxious to ensure, given the current economic position, that additional costs to the state are minimised,” he remarked.

“It is also necessary to make certain that multiple avenues of appeal which would have a negative impact on costs and delays are not allowed to develop.”

The chief executive of the Courts Service, Brendan Ryan, said the proposal for a new appeal court would aid greatly in ensuring quicker access to justice.