Oireachtas Joint and Select Committees

Wednesday, 19 June 2013

Select Committee on Justice, Defence and Equality

Estimates for Public Services 2013
Vote 20 - Garda Síochána (Revised)
Vote 21 - Prisons (Revised)
Vote 22 - Courts Service (Revised)
Vote 23 - Property Registration Authority (Revised)
Vote 24 - Justice and Equality (Revised)

9:50 am

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

I expect the Bill to provide for a referendum on the court of appeal, covering both the criminal and the civil court, to be published soon. It is intended that the referendum will coincide with the referendum on the Seanad. I expect both referendums to take place in the early autumn. It was originally anticipated that the referendums would take place somewhat later - in early November, rather than in early October as is now anticipated.

In advance of the court of appeal referendum, my Department organised a very useful consultative seminar in the Law Society building some months ago. Various branches of the legal profession and members of the Judiciary were invited to the seminar. We also launched a request for submissions at that time. The submissions we received have been of great help in deciding on the wording for the referendum and the composition of the back-up legislation that will be required in establishing the court. Other groups and organisations were also represented at the seminar.

A seminar on the proposed new family court structure will take place on the first Friday or Saturday of July. I think it will happen on the Saturday. I am anxious to provide for a similar lead-in period and consultative phase in this instance. We want to draw up the heads of the Bill that will set up the new structure, as opposed to merely providing for the necessary constitutional amendment, in advance of the referendum on the family court. As we are concerned that the timeframe to do so is too short, it is now envisaged that the family court referendum will take place in 2014 rather than in 2013. The referendum on the court of appeal will take place in the early autumn, as I have said.

I mentioned during the Seanad debate that the change in the jurisdiction of the High Court and the Circuit Court under the Courts Bill 2013 will have a number of impacts. I appreciate that the Bill has not yet come before the Dáil. I understand it will be introduced there in early July, after it has been dealt with in the Seanad. It is hoped that the Bill will complete its passage through both Houses before we go on vacation at the end of July. There has been no change in court jurisdictions since 1991. The low level of jurisdiction in the District Court means it deals with cases capped at a much lower value, in real terms, than would have been the case in 1991. The Circuit Court is in a similar position. Far too many cases are now in the High Court. It has been estimated that at least 30% of the civil law work that currently goes into the Circuit Court will be dealt with in the District Court as a result of the extension of the jurisdiction of the District Court to €15,000. That will free up work in the Circuit Court and allow work to be taken out of the High Court and into the Circuit Court.

One cannot predict the exact number of cases with absolute certainty because there will be an interregnum period when cases that were commenced before the jurisdictional change work their way through the courts system. I have assured the Presidents of both courts, the Courts Service and the Chief Justice that we will keep a match on how things are going to ensure there are no difficulties in dealing with jurisdictional change. Clearly, this measure will result in an increase in the number of cases being dealt with at District Court level. The question of whether it will result in the Circuit Court having to deal with an increased number of cases in real terms, or will simply involve a change in the jurisdictional levels, is an open one. We know it will reduce the number of cases going into the High Court for initial hearings.

As the courts work their way through the backlog following the formation of the court of appeal, ultimately far fewer appeals will be made to the Supreme Court, which will be holding its sittings in a divisional manner with two groups of Supreme Court judges and will be able to work through its own backlog. There will be a significant adjustment period as the court of appeal is put in place. The manner in which that will work will become clear when the wording of the constitutional amendment is agreed by the Cabinet. We hope there will be a more rational spread of the financial jurisdictions before the courts to reflect the change in inflation since 1991 and the additional area of appreciation.

One cannot change the jurisdictions of the courts every couple of years. A degree of stability is needed. It is quite likely that ten years will pass after this Courts Bill is enacted before the financial jurisdictions are changed again. That seems to be the pattern. On this occasion, there was a gap of more than 20 years. We will keep a watching brief on whether the additional pressures on any one of the courts arising from the change of jurisdiction require to be addressed. I know the Courts Service, the Chief Justice and the Presidents of the other courts will rapidly inform us if difficulties arise.

A number of those working for the Insolvency Service of Ireland were transferred from other parts of the public service. As I said earlier, the Department of Public Expenditure sanctioned an overall staff complement of 91. The insolvency service has been working with the Public Appointments Service to take staff from the civil and public service redeployment panel. A circular seeking expressions of interest was circulated by the Public Appointments Service to all relevant Departments and agencies across the civil and public service in January. Eighty of the 91 positions have been filled through this process. New staff are being assigned on a phased basis with a view to the insolvency service being fully staffed by the end of this month. I know from my own contacts that a small number of people with specialist knowledge may have to be acquired other than though the normal transfer process. In these cases, advertisements seeking job applications will be published.

We have gone a huge way. Eighty of the 91 staff have been transferred in. As I have said on a number of occasions, everything went online in March and I expect to bring the legislation into operation in early July. The service will then be operating. Information technology systems are being put in place to facilitate all of the necessary work, such as the processing of debt resolution proposals, being done online. I understand an enormous amount of work has been done to ensure the dealings between the insolvency service and the courts will not involve a paper trail and will take place online, in so far as is possible.

I understand all of this should be up and running by the end of the third week in July, but I envisage that the service will formally start earlier than that date because, clearly, there will be no applications to go through on day one. The objective is that it will primarily be an online service. Obviously, forms have to be filled in and signed in the normal way, but they will be processed in as modern a way as is possible to avoid unnecessary paperwork, expense and duplication.

On the fines collection rate, as Deputies know, I have said on a number of occasions that I hope the fines (amendment) Bill will be published shortly. I had originally hoped we might have had it a little earlier this year. I am advised that work between my Department and the Attorney General's office is being completed and that it will be a matter of weeks, as opposed to months, before the Bill is published. The Bill will provide for improved mechanisms for the collection of fines, including attachment of earnings. There were difficulties with the legislation enacted during the time of my predecessor which envisaged a new form of collection service, although a number of amendments were needed for that work to proceed. The primary approach will be by way of attachment of earnings. Where people do not pay their fines, there will be provision for periodical voluntary payment of fines by individuals who want to pay their fines over a period of months rather than in one fell swoop, where that is appropriate. There will be provision to ensure prison for non-payment of fines will be very much a last resort. We are introducing the possibility for those who fail to pay their fines of undertaking community service as an alternative where there is fine default.

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