The Minister for Justice Helen McEntee has published a plan setting out how the recommendations of a report on civil-law reform will be implemented.
The report of the Review of the Administration of Civil Justice, headed by former High Court President Peter Kelly (pictured), was published in December 2020 and included more than 90 recommendations.
The Department of Justice has said that the plan announced will be implemented “on a phased basis up to the end of 2024”, and that progress reports will be submitted to Government each year.
A group – including members of the judiciary, Courts Service, and officials from a number of Government departments – has been set up to oversee the process.
Publishing the Plan today, Minister McEntee said, “The accompanying Implementation Plan sets out how we will achieve these ambitious reforms, with the goal of enabling easier, cheaper, and quicker access to civil justice by improving procedures, reducing the costs of litigation and reducing delays.
We are working closely with the Courts Service, which is implementing its own ambitious Courts Modernisation Programme in a way that aligns closely with the actions under this Plan to ensure better outcomes for all court users.
I am pleased to say that six of the actions under this Implementation Plan have already been completed, including changes to the Rules of Court to encourage compliance with time limits to reduce delays. Substantial progress has also been made on the increased use of video conferencing across courtrooms and we will seek to continue to accelerate the digitalisation of our courts to ensure that justice is accessible for everyone.
I look forward to seeing more actions implemented in the coming months and years and to delivering a modern civil justice system that serves the people of Ireland now and into the future.”
Some of the key actions for implementation under the Plan include:
- The replacement of multiple court documents with a single document to commence legal proceedings;
- Simplification of the language and terminology in Rules of Court;
- Promotion of video conferencing for the taking of expert and other evidence;
- An online information hub to provide dedicated legal and practical information for those considering bringing proceedings without professional representation;
- Standardisation of arrangements for naming and vetting of the suitability of next friend or guardian ad litem to act on behalf of a child in litigation;
- Updated Courts Service Customer Charters to provide more specific measurements for performance and service levels; and
- Legislation to provide for the introduction of a more efficient and more cost-effective regime for discovery and to automatically discontinue cases not progressed in 30 months.
The Minister also highlighted how the Implementation Plan is part of a broader civil justice reform programme she is spearheading across her Justice Plan 2022:
“This includes a review of our civil legal aid system for the first time in its 40 year history; the establishment of a dedicated family court structure; the finalisation of our first national strategy on family justice; and an independently chaired Judicial Planning Working Group, which is examining the number and type of judges needed over the next five years to ensure access to justice.”
Implementation of this Plan will take place on a phased basis up to the end of 2024 and progress reports will be submitted to Government each year. Indicators will be developed to demonstrate the progress which is being made, with an update being provided in each annual report.
Each annual report will also consider any additional steps which need to be taken in order to ensure actions to be delivered in later years can be achieved. Minister McEntee has appointed an implementation group comprising members of the judiciary, the Courts Service, the Department of Justice, the Department of Public Expenditure and Reform and the Department of the Taoiseach to drive and oversee implementation. The Group has already met on a number of occasions and will continue to meet quarterly.