- Appointment of Minister Jim O’Callaghan SC TD welcomed
- Reform agenda will be undermined in the absence of clear resourcing and consultation
- Commitment to judicial and legislative reform welcome, wide ranging and worthy of more detailed analysis
Following the election of a new Taoiseach and Government by Dáil Éireann, and the Government’s approval of the Programme for Government, the Chair of the Council of the Bar of Ireland has welcomed the appointment of Jim O’Callaghan SC TD as the new Minister for Justice and the Government’s commitment to reform and improvement of the justice system.
Chair of the Council, Séan Guerin SC said:
Minister O’Callaghan’s understanding of issues of justice, not only at a practical and policy level as a member of the Government benches for the past number of years, but also at a vocational level, is a strong basis to continue the work of improving the administration of justice in Ireland.
Minister O’Callaghan’s record of achievement as a legislator, in particular in securing the enactment of the Parole Act 2019 as a Private Members’ Bill to put the informal Parole Board on a statutory basis as an independent statutory entity and, for the first time, to allow the victims of crime to be heard in respect of the process as to whether parole should be granted, speaks for itself. The Bar of Ireland looks forward to working with the Minister on key reform priorities.
It is heartening to see that our Justice Manifesto priorities have found expression within the Programme for Government, not least the issue of restoration of criminal legal aid fees. This is an urgent priority for the Council, and a clear pathway to full restoration of cuts imposed, including the restoration of the link with public sector pay increments, is urgently required. The same issue arises in relation to civil legal aid and civil State work, and this will be a matter for discussion.
The Bar of Ireland will be seeking a meeting with the Minister to advance these priorities.”
The prominence of law and justice matters throughout the Programme underscores the importance of our justice system for society as a whole. Mr Guerin SC commented:
Commitments within the Programme to other reforms – for example the establishment of a dedicated Medical Negligence Court, an Immigration Division of the High Court, judicial resourcing, as well as the focus on digitalisation of our courts system – will all require careful analysis and consultation.
Barristers, through the Council, will be eager to contribute the benefit of their experience and practical insight to those discussions so that the public will be properly served.”
In recent years, a focus of the Bar of Ireland has been on Family Law reform, leading up to the enactment of the Family Courts Act 2024. Mr. Guerin said:
For years, the development of a new family courts complex at Hammond Lane in Dublin has been delayed. We recognise that some progress is being made recently and will continue to closely monitor the situation.
A promised implementation plan for the Family Courts system, under the new Act, is welcome. The issue of civil legal aid reform, which is fundamental to family courts reform and to securing access to justice for all more generally, will require urgent attention from the new Government.”
Noting the breadth of measures that the forthcoming Government have undertaken to examine and advance within the Programme for Government, Seán Guerin SC said:
What the public and the profession value is stability and clarity in respect of how our public services are to be run and governed. The Programme for Government sets out a wide range of priorities in respect of legal services and justice reform; progress on those reforms and completion of undertakings already committed to will be essential to ensure a system of administration of justice which serves the needs of Irish society.”
Mr. Guerin also acknowledged the achievements of the outgoing Minister for Justice, Helen McEntee TD, saying,
Minister McEntee can look back on her time in the Department of Justice with satisfaction, knowing that she was responsible for significant reform and progress on a number of fronts. Her ability to secure progress on the long-outstanding issue of criminal legal aid fees is a testament to her appreciation of the importance of access to justice for all and of the essential role played by the independent referral Bar in the administration of justice.
I wish her well in her new role as Minister for Education and Youth. The future of the legal profession, as with so much of the modern Irish economy, depends on the quality and breadth of educational attainment of our young people, whatever their background.”