Time and costs involved in some civil proceedings are mind-boggling. Plan for transformation of costly system goes before Cabinet today after lengthy review
The Irish Times reports that a review group chaired by Mr Justice Peter Kelly and comprising representatives of the legal professions, judiciary, Courts Service, and Government departments presented its 453-page report into the civil justice system in Ireland to Minister for Justice Helen McEntee in October 2020. Civil society groups were not represented on the review group but some made submissions to it.
Eilis Barry, chief executive of the Free Legal Advice Centres (FLAC), said there is a “huge need” for reform of the civil justice system and FLAC was disappointed that civil society was not represented on the review group or consulted about the plan to implement its recommendations.
FLAC welcomed the proposals for making the court system more accessible and user friendly and praised the Courts Service’s work to date in that regard, she said. However, it was very concerned that the proposed tightening of the scope for judicial review, if implemented, will erect more barriers for the poorest and most disadvantaged litigants.
“This is a really serious and critical issue,” she said. “Judicial review is not frivolous; it is the poor person’s remedy for holding the State and public bodies to account.”
FLAC pursues many judicial reviews on behalf of people in dire circumstances trying to access very basic services such as supplementary welfare allowance and emergency accommodation, she said. “There are very significant barriers in place already, including the lack of comprehensive legal aid. Many clients have no choice but to go to court because Government departments and public bodies may not respond to correspondence seeking entitlements until proceedings are taken. Very often the State and public bodies will settle the case once leave has been granted.”
FLAC had, for example, used judicial review in proceedings where a person who was severely ill was sleeping on a beach with no access to welfare, or housing. Barry pointed out it is necessary to get court permission to seek judicial review of decisions by State bodies in the first place, when no such leave is required in other cases. “Rather than reducing the existing formidable barriers, the new recommendations, if implemented, will put a triple lock on applicants seeking access to basic essential services.”
The full report can be read in The Irish Times 17/05/2022