Courts reform a factor in competitiveness – report
The establishment of a new AI authority and the implementation of the outstanding recommendations from a 2020 report on civil justice are among 85 actions identified by a Government report on competitiveness.
The focuses on economic areas within the domestic sphere of influence and is aimed at boosting the economy in the face of international uncertainty.
Among its 26 ‘priority’ actions is the setting up of a National Artificial Intelligence Office (NAIO) as the central co-ordinating authority for the EU’s AI Act.
The report says that the office will also provide “a focal point for the promotion and adoption of transparent and safe AI in Ireland”.
High costs
The plan identifies the courts and the legal system as a key element of its proposals to make regulation more efficient.
“An efficient and effective courts and legal system will also seek to promote social and economic development, creating a predictable and secure environment for economic activity, investment, and innovation,” the report says.
It states that, while Ireland’s common-law system is highly regarded for its fairness, it has been criticised for its relatively high costs and the time taken to deliver judgments and settle disputes.
Progress on reforms ‘slow’
It notes that the Review of the Administration of Civil Justice Report, published in 2020 and chaired by Mr Justice Peter Kelly, made more than 90 specific recommendations on changes to court procedure and practice aimed at reducing costs, removing over-complex rules, and ensuring timely hearings.
Acknowledging that some recommendations have been addressed, it describes overall progress in implementing the review as “slow”, adding that “the pace needs to be accelerated”.
Among the review recommendations it lists for priority action are reform of legal discovery, reform of the wider non-planning judicial-review process, and the development of new guidelines to set “clear rates and scales of fees” for civil litigation.
It notes that the Department of Justice is preparing a Civil Reform Bill to bring forward the recommendations on judicial review, discovery and other recommendations.
Other legal changes identified for action include the introduction of a scale of fees for environmental legal costs, as provided for in the Planning and Development Act 2024.
The plan also calls for legislation to “empower court presidents to manage courts efficiently” – including a model for the delegation of tasks to court officers to free up judicial time for judgment writing and other judicial tasks.
More powers for CCPC
The document says that the limit for Small Claims Court procedures should be “substantially” increased from the current €2,000.
The plan calls for extra powers for the Competition and Consumer Protection Commission – including to impose administrative financial penalties for beaches of consumer legislation.
It adds that the CCPC should also receive powers to carry out ‘bid-rigging screening’, to prevent situation where suppliers come together and agree not to compete against one another for a tender or contract.
IP agency
There is also a call for a major study on the state of competition in Ireland, to be carried out this year, to identify markets where policy intervention may be needed.
Another priority action under the ‘productivity’ heading is a review of the development of intellectual property (IP), with a view to developing a new agency called IP Ireland that would aim to position Ireland as a “global IP hub”.
To boost the small-business sector, the plan calls for a review of tax measures to incentivise investment into start-up and growing firms.