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Train up to deal with sexual violence cases, judges told

Justice minister Heather Humphreys has said that legislation will be brought forward to reform judicial review, discovery, and multi-party actions, as well as changes to improve court procedures.

Speaking at the Law Society Access to Justice conference this morning, the minister added that standardisation and simplification of court forms, will be part of reforms suggested by the Review of the Administration of Civil Justice, chaired by Justice Peter Kelly.

That review made over 90 recommendations across a range of areas to strengthen the administration of justice.

The minister also urged that all judges presiding over criminal trials for sexual offences and all lawyers appearing in such trials should have specialist training.

“I know training has already begun under the Judicial Council and I urge all members of the judiciary to avail of this training as soon as possible,” she said.

The minister pledged wide-ranging operational changes to how the Irish courts are run, including providing more information to litigants without legal representation,  as well as a comprehensive update of the courts IT systems.

Execution

“I have no doubt that, when implemented, these recommendations will transform the civil justice system for those who work within it and people who use it. An implementation group has been established to oversee and monitor execution of the recommendations,” she said.

An implementation plan is being finalised and will be published by the end of the month.

The minister added that the drafting of a Family Court Bill to provide for the establishment of a District Family Court, Circuit Family Court and a Family High Court as divisions within the existing court structures, will be urgently progressed, to be published by the end of February 2022.

“I believe these are landmark reforms which will develop a more efficient and user-friendly family court system that puts families at the centre of its activities, provides access to specialist supports and encourages the use of alternative dispute resolution in family law proceedings,” the minister said.

Priority

A purpose-built family law court complex at Hammond Lane in Dublin is the priority project of the Courts Service, she added.

Construction will begin in 2023, and the doors of the complex will open in early 2026.

 A request for a tender for economic analysis of approaches to reducing litigation costs in Ireland is still ongoing and the contract will be awarded in the coming weeks.

“As you are aware, the Kelly Review Group was split on whether scales of costs should be binding or non- binding.

"The research is expected to assess which of these approaches, or others it might identify, will achieve the aim of reducing costs for legal service users: citizens, businesses, as well as costs to the State,” the minister said.

The tendering process is still ongoing and the contract will be awarded in the coming weeks.

The minister concluded by paying tribute to Chief Justice Frank Clarke, who steps down shortly.

Distinguished career

“As Chief Justice and as a judge of the Supreme Court and High Court, he has given a distinguished career of public service. He leaves a proud legacy of achievement.

“His work has been of great importance and relevance to the citizens of the State. His leadership, direction and innovation – in particular, considering the Covid pandemic – has ensured that access to justice, particularly for the most vulnerable in society, was maintained,” she said.

Chief Justice Clarke’s substantial role in the establishment of the Judicial Council was essential and paved the way for continued excellence in the judiciary in the future, the minister said.

He has also been the first chair of the advisory committee on the grant of patents of precedence which has modernised the path to becoming senior counsel, the minister added.