Mr Justice Clarke issues stark warning against complacency on administration of Irish justice

Mr Justice Frank Clarke

Delivering the keynote address at Burren Law School on Sunday, Ireland’s most senior judge said: “I do not think that the current situation can be regarded as a crisis, but there is a risk of future crises which we should strive to avoid.”

He said the absence of funding to allow the construction of the planned family courts complex at Hammond Lane was “one issue which requires the most urgent attention”.

The courts complex, which is also intended to house the Supreme Court, is “shovel-ready” but funding has not been made available, the judge said.

Mr Justice Clarke said the matter was of particular importance because of the “dreadful conditions” of the “wholly unsuitable facilities” for family law litigation in Dublin, as well as the fact that the Four Courts is “beyond breaking point”.

He also suggested that a “significant increase in judicial numbers” will be necessary for the good functioning of the courts, even with “the maximum increase in efficiency” through improved procedures and technology.

He said: “The fact that we have the lowest number of judges per head of population in the EU does not suggest that there is a vast orchard of low hanging fruit which can be picked, to allow our courts to meet the challenge of more and more complex litigation, without significantly more judges.”

The Government is considering the establishment of a high-level committee to examine the need for more judges, according to Mr Justice Clarke, and he said he hoped it would be established shortly.

He also welcomed progress on the Judicial Council Bill, stressing that there are still “some issues which the judiciary have with certain aspects of the bill” but acknowledging Justice Minister Charlie Flanagan’s “open attitude” to engagement.