Sir, – When discussing the upcoming referendum concerning the establishment of a court of appeal, the legal maxim “justice delayed is justice denied” comes to mind.
There is a four-year waiting list for appeals from the High Court to the Supreme Court, which in practice blocks litigants’ right to due process.
This time frame is not justifiable and must be rectified. These delays not only affect a litigant’s right to a resolution in a reasonable time-frame, but the speedy resolution of disputes is also necessary for a successful economy.
To highlight how this problem has come about, back in 1971 the High Court had seven judges and today it now has 36 judges. There has not been a proportionate development in the Supreme Court, which in 1961 consisted of five judges and today consists of eight. Yet the Supreme Court is receiving all civil appeals from an expanded High Court.
The establishment of a court of appeal would mean that the structure of the Irish courts would be similar to other common law jurisdictions and most decisively would ease the burden on the highest court in the land and give it breathing space to carry out its true function, of clarifying the Constitution to the people. The new court of appeal would cover criminal and civil matters and would sit much more frequently than the existing Court of Criminal Appeal. Its inception would bring efficiency and effectiveness to the Irish court system, something which I believe is badly needed. – Yours, etc,
ENDA McGEEVER,
Smithfield,
Dublin 7.