Government under pressure to allow judges to fill vacancies as cases mount

Mr Justice Peter Kelly

The Government is under pressure to loosen its moratorium on judicial appointments after two judges said the current shortage on the bench meant important cases were not being heard, the Irish Independent reports.

The Independent Alliance were insistent on a freeze, with Transport Minister Shane Ross arguing that there should be no appointments before a new judicial process is introduced.

However, as this could still be months away, there are calls for vacancies to be filled now.

High Court President Mr Justice Peter Kelly said yesterday he could not allocate an urgent family law case to a judge who was previously dealing with the matter because they had been assigned to a different court list and he had no additional judges to call upon.

Mr Justice Seamus Noonan who oversees the non-jury list and judicial reviews said a dozen cases before him could not proceed as there were “no judges available” to deal with “enormously important” cases.

At present, there are seven judicial vacancies in the court system. Two are at the High Court, in the wake of Mr Justice Raymond Fullam’s retirement and Mr Justice Colm Mac Eochaidh’s appointment to the General Court of the European Union.

Paul McGarry SC, chairman of the Council of the Bar of Ireland, said vacancies were a source of concern and they they ought to be filled under the current system.

“At a time when we are trying to persuade people that our legal system is fit for purpose and can compete with other EU member states post-Brexit, this will not help,” he said.

In a statement, Mr Ross said: “I am looking forward to the rapid appointment of additional judges under the new, non-political, robust and transparent system. This is due to become law before the summer recess.”

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