Speech by Minister for Justice Helen McEntee - 100 year anniversary of Our Modern and Independent Irish Court System

Speech by Minister for Justice Helen McEntee - 100 year anniversary of Our Modern and Independent Irish Court System

28 May 2024

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Chief Justice, President Lenaerts, President O’Leary, members of the Judiciary of Ireland, and international members of the judiciary, distinguished guests, ladies and gentlemen. Is mór an onóir agus pléisiúir dom bheith anseo inniú.

It is an honour to be here with you today on this historic occasion.

My thanks to President Kelly for your introduction and to the Chief Justice for his kind invitation to speak today.

As I look across this magnificent Round Hall, which has witnessed so much history over the last century and indeed in the 126 years preceding the bombardment of 1922, it is good to see so many distinguished faces from the judiciary, past and present, the legal profession, government departments and other institutions of the State.

All of your unwavering commitment to serving those who interact with our justice system is truly commendable.

The august and international nature of this gathering is a measure of the respect in which the Irish judiciary is held across the world, with visitors from the United Kingdom, our European courts, and from as far away as India and Tanzania.

You are all very welcome. I thank you for making the trip to Ireland and hope that this event will be first and foremost enjoyable and also provide valuable insights into the history, development, and modernisation of our courts system.

The early 1920s was a frenetic period of nation building, as Ireland moved to preserve democracy, secure the new State, and begin to build an independent society and, over the decades that followed, a thriving economy.

That included establishing many new institutions of State, including of course our own independent courts.

The Courts of Justice Act, 1924, stands as a central piece of legislation in Ireland's history.

This foundational Act was instrumental in the establishment of our nation's distinct court system, comprising the District Court, Circuit Court, High Court, and Supreme Court.

With the addition of the new Court of Appeal in 2014, these independent courts have for a century undertaken the administration of justice in our society.

Over the past century, the court system has significantly reshaped Irish society, our democracy, and our place in the world.

If we look at its social impact, we are drawn towards cases such as the Supreme Court’s decision in the Sinnott case, which had significant implications for the provision of education to individuals with disabilities in Ireland.

This ruling, stemming from a modern interpretation of Article 42.4 of the Constitution, sparked vital discussions throughout society for more comprehensive support systems for children and adults with disabilities, prompting calls for policies and better legislative frameworks to address their educational needs.

Similarly, cases such as McGee and of course the X case, have had profound implications for reproductive rights in Ireland.

The McGee case, over 50 years ago, led directly to the legalisation of contraception in Ireland.

The X case in 1992 was the start of a lengthy discussion relating to access to abortion in this country that ultimately brought us to the thirty-sixth amendment of the Constitution in 2018.

The Norris case of course proceeded beyond our national courts to the European Court of Human Rights, and led to life-altering changes in our social acceptance of LGBT people.

Just as the courts have influenced our society, so too have they shaped our democracy.

Maguire v Ardagh underscored the crucial concept of separation of powers within the framework of the Constitution of Ireland.

In a significant five-two majority decision, the Supreme Court established that the Oireachtas possesses the authority to conduct investigations and inquiries, provided they are pertinent to the legislature's constitutional duty of law-making. But also clarified that Parliament’s power does not extend to inquiring into the behaviour of individuals that could interfere with their constitutional rights to do their job.

There is no doubt that cases like these and many others, have served to strengthen and uphold the public’s strong trust in Ireland’s independent judiciary.

I also emphasise that, while many of the legacy cases concluded with significant Supreme Court judgments, the contribution of each jurisdiction within the courts has been of equal value for the last 100 years. I am deeply conscious of the essential service provided by all of the courts to the people of Ireland.

Every day over the last century, our courts at every level and the people who work in them have profoundly shaped the lives of all our people.

As we reflect on the last century, and the establishment of Ireland’s modern and independent courts system, it is important to understand that a cornerstone of our legal system is the independence of the judiciary.

An independent judiciary is not just a characteristic of a democratic society.

It is its foundation. And that must be supported in a practical sense.

Supporting this crucial foundation ensures that justice can be administered impartially, free from external pressures and influences, and upholding the rule of law.

To further strengthen and support this independence, the new Judicial Appointments Commission to be established later this year, will continue to uphold best practice into the next century.

In 2019, the Judicial Council was established as an independent body to ensure that public confidence in the administration of justice is maintained and to promote judicial excellence and independence.

The public's trust in the legal system is a testament to its credibility. This was evidenced in the inaugural OECD ‘Trust Survey’ in 2021 which demonstrated that the courts and legal system in Ireland enjoy high levels of public trust.

It is of critical importance that we ensure that our courts and judiciary are resourced to administer justice effectively and efficiently.

Ireland has traditionally had a low number of judges per capita but following on from the Judicial Planning Working Group which I established in 2021, last year the government committed to - and delivered - a historic increase in the number of judges with an additional 24 new judges appointed. I intend to add a second tranche of 20 more judges.

These additions along with the necessary administrative support and modernisation that will accompany it will support our courts system to face the challenges to come.

And as we celebrate this milestone, it is important to acknowledge how our court system has continuously evolved to meet the needs of Irish society.

An example of this was the establishment of the Special Criminal Court in 1972. The Court was created to respond to the threat to the State, and its people, from terrorism. Unfortunately, this threat still exists, not to the same extent it did in the early 70’s but the Court continues to deal with the subversive threat from paramilitary groups and the most serious organised crimes cases.

It serves to eliminate the real risk to jurors and potential jurors by subversives and organised crime groups.

I, of course, believe that jury trial should be preserved to the greatest extent possible, but we could not - and still cannot - ignore the threat posed by such groups.

Shortly after, in 1973, we joined the European Economic Community (EEC) transforming our partnership with our European counterparts. Ireland’s active engagement with the European Court of Justice has empowered our courts to guarantee the consistent application of EU law. It has also allowed us to participate in initiatives that enhance judicial cooperation and contribute significantly to protecting individual rights. This commitment extends not only within our borders but throughout Europe, promoting legal certainty and harmonisation across member states.

These engagements have proven immensely valuable to our society, bolstering our standing within the European framework and enriching Ireland's legal system.

I should also mention that the Courts Service of Ireland was established in 1999 to support the judiciary and has recently embarked upon an ambitious 10-year Modernisation programme which will play a central role in shaping our court system of the future. It is bringing digital technology and modern ways of working to the administration of justice, making access to justice easier and quicker to navigate, better responding to the different needs of diverse court users.

This programme, with its many initiatives, will deliver a new operating model for the Courts which is designed around the needs of the user.

In closing, I want to thank all those who have served and worked in our courts.

I thank the Judiciary for your skill, commitment, and dedication to administering justice on behalf of the Irish people.

I thank the Barristers and Solicitors who work tirelessly on behalf of your clients, to ensure that their rights are vindicated and that they can access justice.

And I thank the Courts Service, and the teams of people who work to ensure the smooth running of our courts up and down the country.

For 100 years, our court system has protected the rights of citizens and non-citizens alike, and I have no doubt it will continue to do so into the future.

We are proud of the traditions and history of the judiciary and our courts service.

I’ll close by extending my thanks to you all for your public service to our country and wishing you well in your important work.

Go maire sibh, go raibh maith agaibh go léir.