Legislation passed to allow appointment of 44 extra judges 

Gerry 'The Monk' Hutch outside the Special Criminal Court, Dublin, after he was found not guilty of the murder of David Byrne at the Regency Hotel. The lead judge in the trial highlighted 'huge pressure' on judicial resources.

The Government has passed legislation that will allow it to significantly increase the number of judges in the Irish court system, with an extra 44 set to be appointed by next year.

It comes after the lead judge in the recent landmark trial of Gerry Hutch, accused of the murder of David Byrne in the infamous Regency killing, highlighted “huge pressure” on judicial resources as the Special Criminal Court delivered its judgement acquitting Mr Hutch.

The Courts Bill 2023 allowing for an increase in the maximum number of judges sped through the Houses of the Oireachtas, passing all stages on Wednesday having only been introduced on April 11. Now signed into law by President Michael D Higgins, it’s expected that 24 judges will be appointed by the Government in the coming weeks.

As of earlier this week, there are 177 judges in the country across the District, Circuit, High and Supreme courts, and the Court of Appeal.

The initial extra 24 judges will see eight appointed to the District Court, eight to the Circuit Court, six to the High Court, and two to the Court of Appeal.

A further 20 will be appointed before the end of 2024. Increasing judicial numbers was a key recommendation of the Judicial Planning Working Group, which compiled a report for the Minister for Justice last December.

It had said: “Our Group was very conscious of the current unsatisfactory position in the Courts with delays and backlogs, exacerbated by the covid pandemic, having an adverse impact on individuals and on society more generally.

“We recognise the need for a sizable increase in judge numbers and sustained investment, alongside other measures, to improve this.” 

Waiting periods

During a Dáil debate on the legislation, Sinn Féin TD for Kerry Pa Daly said that many victims and ordinary plaintiffs have been forced to wait for long periods as the courts struggle to keep on top of caseloads.

"At the weekend I attended a conference on domestic, sexual, and gender-based violence," he said. 

"Many of the workers from in the midlands and around Athlone stressed the difficulty and the delays for vulnerable women in accessing justice in the courts.” 

The need for greater judicial resources was also highlighted when Ms Justice Tara Burns delivered the verdict in the Regency trial last month. Having sat for 52 days, the case concluded on January 26. However, the verdict was not delivered until April 17.

At the time, Ms Burns said: “Lastly, the court is of the view it would’ve been preferable we would’ve delivered this at an earlier stage.

“As counsel are fully aware, there is huge pressure in relation to judicial resources. We’ve all been engaged in other matters since then. We’ve worked on this verdict since the date we rose. We’ve continued to work over Easter. This verdict was only finalised in the late hours of last night.” 

In a statement welcoming the passing of the Courts Bill, Minister of State James Browne said that ensuring the courts are resourced to administer justice efficiently and effectively is central to ensuring access to justice in this country.

“It also paves the way for policy initiatives under the Programme for Government such as the establishment of a dedicated Planning and Environmental Court and for the provisions under the Family Law Bill,” he said.