The Department of Justice (Department) recently published the Justice Plan 2024 (Plan).
The Plan sets out in detail a substantial programme of work to be carried out by the Department throughout 2024. Since the Department started publishing annual Justice Plans in 2021, this is the fourth consecutive year of publication.
The 2024 Plan identifies five broad goals and the objectives for each goal to be addressed by the Department throughout 2024. In this article, we will consider the key proposals of interest that fall under the Plan's second goal: improving access to justice for all.
The Department recognises that access to justice is a fundamental principle of fairness. It aims to implement the reforms necessary to deliver a faster and more effective justice system, with a focus on creating clearer and more concise decision-making timelines. This section of the plan sets out several significant objectives, some of which are considered below.
What to expect from the Department
- Support the establishment of a Mediation Council of Ireland:
The Department aims to aid the establishment of an independent Mediation Council (Council) as provided for in the Mediation Act 2017 (2017 Act). The Department will support a review of the relevant provisions within the 2017 Act and will support work in the sector in its work to prepare draft codes of practice, a draft register of mediators, and to identify public interest members of the Council.
- Support the setting of indexation rates for Periodic Payment Orders:
The Department will consult with a working group to advise the Minister for Justice (Minister) on appropriate indexation rates for Periodic Payment Orders. The Department will also contribute to the passing of both primary and secondary legislation to permit the Minister to set indexation rates for such orders.
- Consider the barriers to becoming a solicitor or barrister:
Upon reviewing the Legal Services Regulatory Authority (LSRA) report, the Department will consider the current barriers to becoming a solicitor or barrister in Ireland. In doing so, the Department will engage with the LSRA and other relevant stakeholders as required to progress necessary reforms in this area.
- Establish the Judicial Appointments Commission (JAC):
The Department will work to establish the JAC, including appointing a Director, lay members, and staff, and collaborating with the Public Appointments Service (PAS) to advertise appointments.
- Oversee and monitor the implementation of the Judicial Planning Working Group's recommendations:
The Department will present the Judicial Planning Working Group's recommendations to the Cabinet and oversee their implementation. It will also examine the role and powers of Court Presidents and Quasi-Judicial Officers, support the piloting of the staggered vacation scheme in the High Court (which commenced in July 2024), and provide the government with an update on the impact of the additional judges and other key efficiency measures. In doing so, the Department has committed to convening regular Stakeholder Engagement Group meetings.
- Support the establishment of the Gambling Regulatory Authority:
The Department will provide programme management services to aid the establishment of the Gambling Regulatory Authority of Ireland, enact the Gambling Regulation Bill, and appoint Authority members. The Gambling Regulation Bill is currently at Committee Stage before the Seanad.
- Support the appointment of three commissioners to the Data Protection Commission:
The Department will work alongside PAS to appoint three new Data Protection commissioners.
- Publish the Defamation (Amendment) Bill:
As discussed in our recent update on developments in Irish defamation law, the 2024 Plan commits to making significant progress in updating Ireland's defamation laws. This includes the publication of the Defamation (Amendment) Bill which follows the publication of the General Scheme in 2023.
Summary:
Through these targeted actions, the Department aims to substantially improve public confidence in the justice system and ensure that it is more accessible and responsive to the needs of all citizens. In combination with the other broad goals as stated in the Plan, the Department seeks to usher in widespread reform and modernisation of the Irish legal system.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.