Chief Justice notes State still has lowest number of judges per capita in EU

Ireland ranks high on the EU scoreboard when it comes to confidence in the administration of justice here but has the lowest number of judges per capita in the EU, Chief Justice Donal O’Donnell has told a gathering of Irish and international judges and lawyers in Dublin.

However, the Chief Justice said he was encouraged by several developments, including establishment of the Judicial Planning Working Group to undertake the first comprehensive examination of the demand for judicial numbers here which is due to report later this year.

Addressing a conference aimed at showcasing Ireland as a hub for the resolution of international disputes, he said the Irish legal system continues to “punch well above its weight”.

Because he considered that, in international terms, Irish law and the Irish legal system have been “historically undervalued”, he said he particularly welcomed Ireland for Law, the Government’s strategy for promoting Irish law and legal services to the international business community.

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He made the comments in an address marking the opening of the inaugural Dublin International Disputes Week, organised by lawyers from several top law firms, the Bar of Ireland and Ireland for Law.

Speakers at the conference include Irish and international judges and lawyers. Key issues being addressed include: insolvency and cross-border restructuring; cybercrime; fraud and asset recovery; intellectual property, product liability; technology and data disputes; international arbitration; post-Brexit enforcement and judicial co-operation.

The Chief Justice said the Irish legal system is held in high regard internationally as an English-speaking common law system entirely familiar to those involved in international commercial transactions but also comfortably integrated within the legal system of the EU.

Ireland has a legitimate claim to 100 years of constitutionality establishing a common law system as a matter of written constitutional law and embodying in that “a strong version of judicial review”, the power of courts to review and strike down Acts on grounds of unconstitutionality.

The Chief Justice said he cannot suggest that everything in the Irish legal system is “perfect” and noted the same EU justice scoreboard that has Ireland at the top of the table for confidence in its judiciary also has Ireland at the very bottom in terms of the number of judges per capita.

While he considered Irish judges are “generally of a high quality”, the workload posed real difficulties in the past for speedy processing of disputes, he said. Against this, the establishment of the Commercial Court and commitment of judicial resources to it illustrated a commitment to the speedy processing of commercial disputes. The creation of the Court of Appeal and the 60 per cent increase in the number of judges allocated to it has dramatically reduced appeal waiting times and he also noted the establishment of the JPRG.

The “most heartening” thing is that all these developments are the result of policy initiatives worked out carefully and tested in advance and “not simply ad hoc responses reflecting transient interests and dependent on the enthusiasm of individuals”.

His interest in encouraging an initiative like Ireland for Law is not to promote Irish lawyers and Irish law firms or the ancillary services that they use; they can do that themselves, he said.

His experience was that Ireland’s legal system has shown itself capable of meeting the challenges and demands posed by international developments and what it does to meet those demands percolates through the legal system. If high standards and high-quality legal advice are demanded by international clients and lawyers, that necessarily sets the standard across the board, he said. Demanding excellence in court administration and adjudication also inevitably benefits all litigants, he added.