A new Court of Appeal could be set up in a bid to clear a backlog of cases currently in the appeals system.
The recommendation for extra judicial resources is contained in the report of the Working Group on a Court of Appeal, which was set up to review the necessity for a general Court of Appeal, address any legal challenges in establishing such a court and make any other recommendations to help ensure greater efficiencies in the practices and procedures of the higher courts.
It found that the automatic right of appeal from the High Court to the Supreme Court in existence in many cases meant that the Supreme Court, which is the court of final appeal, is dealing with a large volume of cases, while the number, duration and complexity of appeals is also growing.
Since 1971 the number of High Court judges has risen from seven to 36. The report said the increase in the number of High Court judges has "improved the capacity of the court system to process cases at that level".
Despite this, the number of Supreme Court judges has not increased from eight since 1995, and there is currently a backlog of cases with some taking up to 30 months for listing.
"The court structure has not developed in a manner that can provide an efficient appeals process from High Court decisions," the report said.
The report found that many cases appealed to the Supreme Court under the current system could be dealt with by an intermediate appellate court.
"The establishment of a Court of Appeal is a necessary infrastructural reform which would have a transformative effect on the efficiency and effectiveness of the Irish court system," it said.
Setting up the new court would require constitutional amendment, statutory reform and changes to the rules of the superior courts.
It warned that because of delays in the current system, Ireland is at risk of breaching a number of international obligations, and it is also having a negative impact on areas such as business, the environment and individual's access to justice.
Publishing the report today, Minister for Justice Dermot Ahern said it was essential that people can access justice as speedily as possible.
"The delays at Supreme Court level are of concern. However, I am anxious to ensure, given the current economic position, that additional costs to the State are minimised and I have therefore asked my officials to conduct an examination, in consultation with other relevant Departments, to devise a cost effective solution," he said.
"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 report's publication was welcomed by chief executive of the Courts Service Brendan Ryan.
"This report correctly identifies that our courts are extremely busy and that new modernisations and efficiencies have been brought about across all courts. There exists a large and increasing throughput of cases from the High Court which has resulted in a lengthy waiting time and backlog of appeals in the Supreme Court," he said.
"The proposal for a new appeal court will aid greatly in ensuring a quicker access to justice and bring the courts structure in Ireland in line with those of other common law countries."
