Fair and expeditious justice - the need of the hour

TEXT of the speech delivered by the Minister of Justice and Judicial Reforms W. D. J. Seneviratne, at the convocation of the President of the Bar Association of Sri Lanka, on March 26.

At the outset, let me congratulate you on your election as President of the Bar Association of Sri Lanka. Mr. Desmond Fernando, you bring with you a long period of service to this association and to the legal community. You have assumed the position to which you will be inducted today for the second time and I believe you have offered your services once again because your commitment to the profession is still strong.

I recall the yeomen service you rendered as President in 1989. I also recall your service to the Association in 1975 as the first Secretary of the newly formed Bar Association of Sri Lanka which for the first time encompassed a membership of the two fused branches of the profession. Thereafter you went on to serve the legal community in the international arena when you functioned as the President of the International Bar Association. Your appointment to this prestigious position brought pride and glory to our country. As you assume this position for the second time you must no doubt be acutely conscious of the difference in the challenges that you now undertake as compared to those that you faced in previous times.

The legal profession continues to play a vital role in the lives of our people and it is this role that brings us into focus as a profession that must of necessity discharge its duties with a sense of responsibility. We are accountable to the people at all times. Mr. President, it is now your responsibility to give leadership to cultivate in our members that sense of responsibility and accountability. In your willingness to assume the challenging position of the Presidency yet again, you have no doubt been inspired by a sense of confidence that we can, as a profession, serve society better than we have in the past.

The challenges facing us today are enormous. We continue to strive to make the administration of justice more effective, more efficient and more meaningful. We strive to ensure that people continue to respect and have confidence in the justice system. The need of our people is for a system that delivers justice fairly and expeditiously; a system that ensures that disputes are resolved meaningfully, the guilty are convicted, the innocent are acquitted, the victim gets justice and that everyone also sees that justice is in fact done. Those are the simple expectations of our justice system.

Successive governments have sought to examine and introduce changes to improve the administration of justice. Some of these measures have been successful. Others have had no impact. As I assumed office as the Minister of Justice last year I realized that this was an area that needed the most serious attention. I have taken my own initiatives to examine the causes for delay and to introduce changes. The fact that repeated committees have already examined the issues, is no reason not to probe further. There are new kinds of crimes, new reasons for litigation, new case management methods and new ways of handling the case load. People are more conscious of their rights, less complacent about accepting wrongdoing and more ready to battle in courts. The reasons for delays therefore keep changing with times. Introducing reforms that will effectively address the issues is not a matter of choice. It is an imperative. It is important that we modernize the law and its practices as much as is necessary to ensure that democracy prevails.

The problem of Law's Delays is not a concern of this country or of this region alone. It is a global phenomenon. The search for better methods is on, the world over. We have much to learn from those that have tackled these issues and have overcome them. I am confident that those to whom I have entrusted the task of suggesting reforms will be creative in their approach and that through consultations we can improve our justice system.

One of the most recent attempts at tackling the problem of delays is contained in the 18th Amendment to the Constitution by which it is sought to decentralize the work of the Court of Appeal. Mr. President, it will be your responsibility to ensure that the members of the provincial Bars are assisted to enhance their competence, knowledge and skill so as to make them adequately versatile to handle appeal court work. Given the correct leadership, there is no doubt that the provincial Bars will respond to the new challenges well and develop the required competence. It will be extremely important to provide them with access to legal literature and new developments in the world. The advances in technology will make that task so much easier. The development of the Bar is also dependent on the quality of the judiciary. It is my hope that adequate emphasis is paid to the continued education of judges so that the ultimate beneficiary is society that seeks justice at the hands of our justice system.

What role can the profession play in improving the justice system? There is a strong belief that lawyers can do more and do better. Let us be realistic. Public disenchantment about our conduct can lead to a serious erosion of the confidence in the legal profession. Our's has long been looked upon as a noble profession and its members have been accepted as having the capacity to give leadership to our people. Do not take that acceptance for granted. At this point of time, there is much to be done to restore that recognition, respect and standing. I ask you, the members of the Bar of this country, to commit yourselves to serve the litigants better. In all that you do, act with the sense of commitment and dedication that will inspire greater confidence in our profession.

Lead by example and do not compromise the quality that the profession was renowned for in the glorious past. To do otherwise will be to add to the decline that we see in society today highlighted by an increasing disrespect for values and discipline resulting in an increase in lawlessness and finally an unsafe society to live in.

There is yet another important role that lawyers can play. An independent judiciary is the cornerstone of a vibrant democracy. You, as practitioners can do much to ensure that the respect, dignity and independence of the judiciary is maintained. To engage in conduct that fails to uphold this principle is to encourage a decline in democratic values. One of the most important factors that contributes immensely to the stability of our profession is the harmonious relationship between the Bench and the Bar, based on mutual admiration and respect for each other. The etiquette, customs and manners of the legal profession have changed significantly over the years. There is an increased demand from the public for a variety of legal services, while at the same time the cost of providing those services has also grown. Clients want cheaper services, better quality, greater attentiveness and responsiveness to their complaints. In this exercise the legal profession might find it difficult sometimes to maintain the traditional age old relationship that is expected of us of maintaining a cordial relationship between the Bar and the Bench. However, we can never deviate from the thought that we are all seekers of justice. In our each and every endeavour in the search of that great ideal of justice we have to always seek the ways and means to maintain that traditional mutual respect and admiration we should always have between the Bench and the Bar.

Before I conclude, I would like to state that I am aware of the various difficulties the lawyers face in the discharge of their professional responsibilities. One such problem is the non-availability of offices close to Court Houses, and I am happy to state that I obtained Cabinet approval recently to increase the granting of government land from 30 years to a period of 50 years, for the construction of offices for the lawyers. This is a privilege granted for lawyers only, as this right is not available to any other profession. The extension of the period to 50 years in the granting of government land, would enable the lawyers to avail themselves of banking facilities.

Mr. President, may I conclude by wishing you well in your endeavours and by pledging to you and your committee my support and that of my Ministry, as you embark on the serious task of giving leadership to the legal profession of this country.