Top judge says unclear language in legislation leading to court delays
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Ireland’s most senior judge has said unclear legislation at both an Irish and European level is leading to significant court delays, the Irish Independent reports.
The Chief Justice, Mr Justice Frank Clarke, told RTÉ’s Today with Sean O’Rourke that he “wouldn’t mind more plain English” in legislation.
He said: “If every time there is a new piece of legislation there is five years of fighting over what it means, I don’t think that is in anyone’s interest.”
He warned that the realisation of the goal of any legislation “is probably being postponed until it becomes clear exactly how it is going to work”.
In terms of EU legislation, Mr Justice Clarke said there “could be a lot more clarity” which would avoid referrals to the European Court of Justice.
He said: “That is another two years or 18 months before the case is finally resolved. And it has probably been in the pipeline for a while before it gets to the Supreme Court here.
“During all that time, the real world is moving on. Projects are being delayed. If the same point arises in a number of cases, a whole range of things might be held up.”
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