The clock is ticking

This Government has a maximum of 257 weeks until the next general election. What does it have in mind for justice and law reform – and will it really address the challenges and the opportunities that are within our sector? Mark Garrett surveys the political landscape

With the appointment of new ministers, the formal process of outlining the priorities for the next Government is now complete. The votes have been counted, seats filled, negotiations held, jobs allocated, and the Programme for Government published.

So, the obvious question is: what is this Government going to do? And, especially, what is it going to do when it comes to justice and law reform?

Well, as the famous aphorism goes, “The best way to predict the future is to shape it”. And that is why, over the last six months, the Law Society has set out to help shape what is contained within this Programme for Government.

Headlines come and go, but the Programme for Government will be one of the main documents that will shape the legislative agenda for the 33rd Dáil over the next five years.

In advance of the election, the Law Society met the policy teams in the political parties and set out key policy priorities to help deliver a just and accessible legal system that works for everyone. 

We were glad to see many of them reflected in the party manifestos published before the election and, subsequently, in the Programme for Government.

That’s an important start, but there is a lot of work ahead to bring those proposals to reality – and fill the gaps where important issues have not been addressed.

The Law Society has welcomed the additional investment in justice and law reform indicated by the new Programme for Government, and congratulated the newly appointed Minister for Justice, Home Affairs and Migration Jim O’Callaghan.

The new minister will bring a deep understanding of the legal and justice system from his legal career. We look forward to working collaboratively with him and his department to implement plans for law reform in key areas, as well as delivering upon the much-needed modernisation of the courts system.

From the experience of solicitors and their clients around the country, there are many challenges to be addressed.

Family justice

Not a week goes by that we do not hear of another family’s poor experience in our justice system. This leaves a lasting mark on their lives.

The minister must place priority on delivering the Family Law Court complex at Hammond Lane. The hole in the ground has been there for far too long.

A child-centred approach will be crucial to the Government’s commitment to developing an implementation plan for the new Family Courts system in 2025, as well as creating a successor to the Family Justice Strategy. 

This will be closely watched. Indeed, there needs to be a twin-track approach, where essential services for children and families navigating the justice system that do not need legislative change can be funded and expedited.

This has the potential to become a lasting legacy of this Government – if the necessary ambition, collaboration, and funding are put in place.

EPA challenges

The challenges many people face when trying to establish an enduring power of attorney (EPA) are well-documented. The digital process and the excessive criteria to create an EPA limit access for those who need it most.

The commitment outlined in the Programme for Government to collaborate with the Law Society in developing a solicitors’ portal is a positive first step. This initiative will help solicitors better support their clients in creating EPAs, streamlining what is currently a complex and restrictive process.

Additionally, the planned review of the Assisted Decision-Making (Capacity) Act 2015 presents a valuable opportunity to further enhance the process, making it more accessible for individuals who wish to plan for their personal and financial affairs.

Access to justice

With criminal-legal-aid fees still well below adequate levels, the number of solicitors willing to engage in criminal work is declining, leading to broader negative impacts across the entire justice system.

There is a renewed commitment to fully restore criminal-legal-aid fees, alongside reforms to the wider criminal-justice system. Decisively addressing this issue is crucial to ensure that individuals receive effective legal representation, and that the criminal-justice system remains functional.

The Programme for Government offers very little detail on civil-legal-aid reform, which is concerning given the significant need for change in this area.

The lack of information raises doubts about the prioritisation of civil-legal-aid reform within the Government’s broader agenda, despite the urgent need for action to ensure access to justice for all.

Modern system

The ongoing delays and the poor physical condition of many Irish courts reflect the serious underinvestment that has plagued the system for decades.

The Law Society campaigned ahead of the election for significant increases in funding to improve the physical state and accessibility of courts, and to leverage technology and data to enhance the efficiency and effectiveness of the courts system for users.

The Government has made a commitment to establishing a modern courts and legal system, aimed at ensuring fair access to justice with greater efficiencies and improved experiences for all court users. This is a shared objective.

Other actions outlined in the Programme for Government include the appointment of 20 additional judges within 12 months, with plans for further increases to address growing demands.

The programme also promises to complete a review of the Courts Service by 2025, focusing on making the courts digital, modern, cost-effective, and responsive to the needs of victims.

These steps signal progress, but sustained investment and action will be essential to fully address the challenges facing the system.

The commitment to establish a modern, fit-for-purpose coronial system is very important – including the establishment of the Office of Chief Coroner – and will bring much-needed strategic reform and support to the existing system.

Housing threat

Housing remains the most urgent issue for the Government to tackle, both socially and economically. Access to housing has transcended a social concern and has become a significant threat to Ireland’s economic growth and investment.

While the Government’s commitment to increasing housing supply is welcome, the Law Society stresses that this must be paired with meaningful reforms to property law.

These reforms should aim to accelerate property transactions and provide homeowners with the certainty and confidence that their sales and purchases will proceed smoothly.

Outdated legislation is holding back the property market, creating unnecessary delays and stress for people. The commitment in the Programme for Government to amend legislation and speed up the registration of property titles is very welcome, and we look forward to working with Government and the relevant State agencies to ensure this proceeds at pace.

The commitment to realise ‘eConveyancing’, a secure digital process for property transactions, by 2027 is also welcome.

Election 2030

The Programme for Government is only a statement of intent. However, the new minister will want to make his mark. As mentioned, he brings significant knowledge of the system, client and public needs.

The Law Society looks forward to working with him and sharing the profession’s expertise and experience. We have a shared objective to deliver for the people who use the justice system, to create a legal system that is a model of justice, fairness, and accessibility – serving the needs of all.

The last possible date for the next general election is 18 January 2030. The clock is ticking.

Mark Garrett is director general of the Law Society