Two judges to be appointed to Supreme Court in move to cut backlog

Two new judges will be appointed to the Supreme Court under a Government plan aimed at cutting a long backlog of cases at the court.

The Cabinet today approved the proposal by Minister for Justice Alan Shatter to increase the size of the court from eight judges to 10. A law allowing for the change is expected to be passed before the summer.

The move is an attempt to ease chronic pressure on the Supreme Court, where waiting times for non-priority cases are running at up to four years. Earlier this year, the Chief Justice announced the court could not accept any new priority cases, given that there were already 70 waiting to be heard.

The Government plans to hold a referendum in the autumn to create a Court of Civil Appeal, but even if that is approved, the process of setting up the court could take two years. The appointment of two new Supreme Court judges is aimed at reducing waiting times in the meantime.

Mr Shatter said he brought the proposal to cabinet following a meeting with Chief Justice Susan Denham and Attorney General Máire Whelan. The necessary legislative amendment will be introduced in the Courts Bill 2013, which is awaiting committee stage in the Oireachtas and is expected to be enacted in the coming weeks.

"It is vital that litigants can vindicate their right of access to justice," Mr Shatter said. "The waiting periods in the Supreme Court list are negating the efficient throughput achieved in the High Court, particularly in the Commercial Court list."

He added that the measure would “underpin the ongoing process of court reform”, which was essential in maintaining Ireland’s competitiveness and upholding citizens’ rights.

The news was welcomed by Mrs Justice Denham, who said it would allow her to organise two divisions of the Supreme Court to sit more extensively than at present, and also enable a Supreme Court judge to preside in the Court of Criminal Appeal more frequently.

Both of these courts are extremely busy. The Supreme Court received 600 new appeals last year, an increase of 20 per cent on 2011. Last year it gave judgment in 202 cases, making it one of the busiest courts of its type in the world. Waiting times in the criminal appeals court extend beyond 15 months.

The chief justice said the proposed appointments would act as “a welcome, interim measure” to tackle waiting times in advance of the establishment of the Court of Appeal.

In March, at a seminar attended by Mr Shatter, the Chief Justice said the current situation at the Supreme Court and the Court of Criminal Appeal was “unsustainable”, “untenable” and “cannot be defended.”

“The structure of the superior courts in Ireland was not designed to cope with the volume and complexity of the litigation coming before the courts daily in the 21st century,” she said.

The salary of a Supreme Court judge appointed from January 1st 2012 is €197,272, whereas judges who joined the court before that date earn €219,191.