Oireachtas Joint and Select Committees

Thursday, 20 November 2014

Public Accounts Committee

2013 Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22 - Courts Service

11:10 am

Photo of John DeasyJohn Deasy (Waterford, Fine Gael)
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If seven principals of primary schools were being promoted from the ranks there would not be vacancies for the positions they left because teachers would be in place. Yet when it comes to this area, it appears to be acceptable. It is a political process. I know it should not be, and it is something this Government probably has fallen down on when it comes to judicial appointments. In our programme for Government we promised that we would look at this, and I believe it is a failing. People such as Mrs. Justice Susan Denham have commented that it is a miracle our Judiciary has maintained its independence so well considering it is so political. That aside, what we can do at the very least - I understand this is not Mr. Ryan's role - is to have a reasonable transition when something like this occurs to ensure there are no gaps and that sittings are not postponed.

I know Ms Duffy does not set policy, but she deals with it within the Department of Justice and Equality. I can raise this with the Minister, but it is a simple question. The suggestion I am making and that I will make to the Minister - I am raising it with Mr. Ryan now because he is the person dealing with policy in the Department when it comes to the courts - is that when this occurs, the appointments to the Circuit Court and the District Court should happen at the same time.

They should happen in tandem or, at the very least, within a specified period. That is a simple suggestion.

Mr. Ryan makes a good case about the Courts Service's efficiency and talked about a 16% reduction in its staff. Some would state it is too efficient, while plenty of communities nationwide would suggest it has stripped down courthouses and so on. The service has done a good job in cutting costs and, at the very least, it is possible to have sittings take place. While one part of the Government system may be working well, another is not and has failed in providing judges to preside over sittings in the Circuit Court. This is something that could be rectified easily. I do not know whether the witnesses have a comment to make on this. I again acknowledge to Ms Duffy that I am aware departmental officials do not set policy. I do not know whether this issue has been raised in the past, but it appears to be a reasonable suggestion that when something like this occurs - retirements and deaths take place all the time - this could happen in tandem.