The fall-out of the Sheedy case, combined with existing plans to reform the courts service, will bring about the biggest shake-up of court practice and procedure in the history of the State.
Yesterday's report of the Department of Justice, Equality and Law Reform into the Sheedy case carries nine recommendations aimed at ensuring that an incident like it never happens again.
They range from the relatively minor, like issuing a circular reminding all court staff to carry out their duties in a fair and reasonable manner, to far-reaching, like considering the constitutionality of existing practice in relation to plea negotiation.
The report urges the speeding up of the establishment of the Courts Service. It recommends that the establishment day for the Courts Service should be advanced as quickly as possible and that all necessary negotiations with staff and the Department of Finance should be accelerated to the maximum extent possible.
The Sixth Report of the Working Group on a Courts Commission, chaired by Ms Justice Susan Denham, contained recommendations for regulating judicial conduct, suggesting an independent committee controlled by the judiciary, chaired by the Chief Justice, which could establish a code of ethics and have procedures for dealing with complaints.
The Department's report recommends that the Chief Justice be informed that all necessary support and facilities will be made available to him in proceeding quickly to address this matter.
The Department's report refers to other aspects of the Denham report, including the establishment of a courts service information technology system, which is already under way. It suggests that the CEO designate be asked to look at US models on court listings with a view to applying the benefits of information technology to this area, possibly even putting listings on an open website.
The report addresses the problem of sentence review and recommends that a Parole Board be set up on a statutory basis. It also suggests that the law be clarified as to the respective role of the courts and the executive in this area.
One of the most startling revelations in the report is that positions of County Registrar are not advertised. It recommends that this be rectified, and appointments made through open public competition under the supervision of the Civil Service Commissioners.
There are three recommendations relating to case listings, case assignment and rules of procedure, all requesting action from the Committee on Court Practice and Procedure. The report asks this committee to make recommendations of necessary rules and procedures which would ensure proper listing of cases.
It also proposes that it makes recommendations on the actual assignment of cases to judges, and the circumstances in which cases can be transferred between judges.
The report recommends that this committee carries out an urgent examination of practice and procedure in the criminal courts, and make recommendations which, if approved, would be referred to the appropriate Rules Committee.
It also refers to the current practice of plea negotiation, where sentences in the event of a guilty plea are sometimes negotiated in the privacy of a judge's chambers, and questions how this relates to the constitutional provision that justice be administered in public. It asks the Committee on Practice and Procedure to examine this practice also.