Minister O'Callaghan speech at New Legal Year Ceremony Minister O'Callaghan speech at New Legal Year Ceremony 6 October 2025

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Chief Justice, members of the judiciary, distinguished guests, it is a great honour for me to be able to address you on the occasion of the opening of the new legal year.

The administration of justice in Ireland has had a long and somewhat complicated history. The imposition and effect of colonial rule in Ireland was very much apparent in our justice system.

That is why the justice system that operated before independence was never truly accepted or recognised as being a justice system that belonged to or served the Irish people. Instead, justice was administered in courts that served a system of governance that was not accepted by the majority of Ireland’s population.

That system of government was repeatedly challenged by those who sought self-governance for Ireland, none more so than Charles Stuart Parnell whose anniversary we also commemorate on this Ivy Day.

Notwithstanding that system of imposed governance, there was in place in Ireland in the 19th century a justice system that sought to, and in many respects did, administer justice but within restricted political parameters. It was not a system that we would countenance today but it was a system of its time which established the foundations for much of the common law that remains in our system.

In 1796 this building became the central location for that justice system and was designated as the location where serious civil justice claims in Ireland were to be administered. Prior to its construction justice was administered not far from here in 4 Courts: Chancery, King's Bench, Exchequer and Common Pleas. When they left their location around Christchurch and came down to this location on the river those Four Courts established a permanent presence here for the administration of justice. This building is part of the legacy we inherited from that former justice system.

Although this building was badly damaged during the Irish revolutionary period, that period moulded the justice system we have today. When the Four Courts was rebuilt, so too was a justice system that served the needs of the people of an independent Ireland. We established courts and a justice system that had the support of the Irish people. We placed at the centre of that justice system the interests of citizens not subjects; litigants not lawyers.

Although we see gathered in this Hall many Judges and lawyers, I know I do not need to remind anyone here that the administration of justice is not about judges and lawyers.

The administration of justice is concerned exclusively with serving the interests of those who seek justice in Ireland. Our Courts administer that system of justice, and this Round Hall is the headquarters of that justice system.

Article 34 of our constitution is very clear. It says that justice shall be administered in courts established by law, by judges appointed under the constitution. It is important that this constitutional provision is emphasised and not departed from. Justice is a much-referenced word and pursuit. In Ireland justice is not delivered by politicians or Oireachtas committees or tribunals or inquiries or Ministers for Justice. It is administered by Courts established or permitted under the Constitution.

Where the Oireachtas has established quasi-judicial bodies under article 37 they too can administer justice in a limited way, provided they exercise those powers in a judicial manner. Even though the Oireachtas has created many article 37 bodies the pre-eminence of the Courts as the location for the administration of justice must always be asserted and protected.

Our constitution guides the pursuit of justice. It is a living document that has given expression to fundamental personal rights. It is also a document that establishes the architecture of the Irish State and requires the Oireachtas and government to promote the common good.

I know the common good is a concept that can be nebulous, but it does reflect the desire of all arms of government to facilitate the State in enhancing the lives of Irish citizens. In justice it means that the scales of justice is no longer simply a balancing act between the rights of the individual and an oppressive or interfering State. In many instances, the rights of an individual must now frequently be balanced against the common good.

As Minister for Justice I have no role in administering justice. I am however required to ensure that the judicial arm of government has the resources and supports required to fulfill its constitutional obligation. I am also required to ensure that the independence of the judiciary is protected and not compromised.

The independence of the Irish judiciary serves a very real purpose beyond protecting judges. Its purpose is to ensure impartiality. This is very necessary in a judicial system that frequently sees the State as a party to, or affected by, proceedings.

I am the first Minister for Justice to have presided over the nomination of new judges who were recommended for appointment by the Judicial Appointments Commission, the new statutory body that advises government on judicial appointments. This new Commission and its very intensive method of seeking, interviewing and selecting new Judges is a very strong addition to ensuring the independence of the Irish Judiciary.

This has been a positive development not for the Irish judiciary or indeed for government, but for the Irish public who now can see a very transparent process for the appointment of judges.

The Judicial Appointments Commission Act provided for the largest reform in the way judges are chosen for appointment and includes a requirement that all candidates will be required to show they have undertaken judicial training or continuous professional development. This development will ensure that the Irish Judiciary continue to be highly regarded, with an internationally recognised record of integrity, fairness, impartiality and commercial awareness.

Judicial resourcing is, of course, essential in ensuring that the courts can administer justice efficiently and effectively for all our citizens. Last month, I received Government approval to amend the legislation to increase the number of judges in Ireland by twenty one. This is the second tranche of additional judges as recommended by the Judicial Planning Working Group.

As Minister responsible for access to justice, I am committed to ensuring a modern and efficient court system that continues to meet the changing needs of those who engage with it. The Courts Service is progressing an ambitious 10-year Modernisation Programme to deliver digitally enabled services designed around the user.

The Courts Service also has many projects underway that will improve efficiencies in our Courts to enable greater and more efficient access to justice. These include the roll-out of video-link and technologically enabled courtrooms and the introduction of a Unified Case Management System, which will enable digital end to end journeys supporting court users.

The Courts Service has launched a new online portal as part of its unified case management system supporting digital applications, responses, case tracking and order collection for circuit family cases in Dublin. This is now in operation for a pilot period, after which circuit family cases across the country will be supported through the portal. Over time, the portal will be expanded incrementally to support other matters, such as the launch of probate via the portal in the coming months.

The Courts Service has also continued the expansion of technologically enabled courtrooms, providing remote courts and digital evidence display functionality. Video technology is now available in 175 courtrooms, increased from 46 at the start of 2020.

The Family Courts Act 2024 is a key component of the Government’s Family Justice Strategy and contains provisions designed to make the family court process more user-friendly and less costly. It will ensure that Family Courts will have assigned to them, on a full-time basis, judges with appropriate specialist knowledge.

The Act also contains a set of guiding principles for the family court system, to make the best interests of the child a primary consideration in the conduct of all family law proceedings, to operate in an efficient and user-friendly manner which is likely to minimise the cost of the proceedings, and to encourage active case management by the courts.

Commencing the Family Courts Act 2024 is one of my priorities and an implementation team has been established within my department. As committed to in the Programme for Government, I intend to publish an implementation plan for a new Family Court System by the end of January 2026.

Although Government has no role in administering justice it can and should seek to make our system of justice more efficient. Recently, I obtained Government approval to prepare a General Scheme of the Civil Reform Bill and drafting of the Bill is currently progressing as a priority measure.

The Civil Reform Bill is a key implementation measure of the Report of the Review of the Administration of Civil Justice conducted by former President of the High Court, Mr. Justice Peter Kelly. Amongst a range of improvements to civil law procedures, the Bill will codify the existing law on judicial review, placing it on a statutory basis.

As Minister, I recognise that citizens have the right to challenge what they perceive as unlawful decisions of public bodies, as a fundamental part of the checks and balances of a liberal democracy. This right must be protected.

I must also recognise, however, that justice is not a game, the rules of which provide that the winner is the person who catches out a decision maker who failed to comply with a statutory or procedural step. The common good, as I said earlier, must also be weighed up on the scales of justice. The agendas of litigation enthusiasts who seek to stop important infrastructural developments must be balanced against the interests of the broader community and the common good.

I am confident that the Civil Reform Bill will remove weaknesses in the current Judicial Review regime, eliminate impediments to progress and deliver reform for the public benefit. I am also confident that measures in the Bill will preserve the right of the citizen to ensure that public bodies act lawfully and are accountable for their decisions.

Another major area of reform in the Bill is in relation to Discovery which will be replaced with a system of Production of Documents focused on those documents which parties intend to, or are reasonably likely to, rely on at trial. We cannot stand idly by whilst discovery makes access to the Courts the preserve only of well-resourced or institutional litigants.

These changes should result in significant impacts around costs and delays, and they will improve access to justice. The Scheme will also provide for case conduct principles which parties to proceedings will be expected to adhere to.

I would like to thank the judiciary for its commitment to administering justice. The administration of Justice is not about Judges, but it cannot be achieved without the tireless commitment of Judges. Our justice system is also greatly helped by the diligence and professionalism of practitioners who work to facilitate those who need access to justice.

The traditional commencement of the legal year in October in many respects ignores the fact that the work of judges and legal practitioners in Ireland continues virtually all year round. As Minister for Justice, Home Affairs and Migration, I look forward to the new legal year, embracing the challenges that lie ahead and working towards further progress.

In conclusion, I would like you to note that during the Tudor campaign in Ireland during the reign of Henry VIII, when justice was purportedly administered from Dublin Castle, a recommendation was made in 1538 that a new building should be constructed in Dublin to replace “the Castle Hall, where the law is kept, for if the same be not builded, the majesty and estimation of the law shall perish, the Justices being enforced to minister the laws upon hills, as it were Brehons or wild Irishmen”.

I think we can be proud that those fears of the Tudor administrators in Ireland have now come to pass. Yet, when I look out in front of me, I do not see wild Irishmen or women, but I do see a group of people who know that the Courts in Ireland should be devoted exclusively to serving those who seek justice.