Paddy McHugh (Galway East, Independent)

I am glad to have the opportunity to speak on the Courts and Courts Officers (Amendment) Bill 2007. It is a relatively innocent Bill which provides for an increase in the number of High Court judges from 31 to 35, Circuit Court judges from 33 to 37 and District Court judges from 54 to 60.

However, given the furore that has surrounded the Judiciary in recent months, the Bill could be about much more than this. Last Christmas, the Minister for Justice, Equality and Law Reform missed the event of the year when he was snubbed by bigwigs who refused to sup wine with him at the table of plenty because he had made utterances disliked by judges. As the intelligentsia do when they are challenged, the judges went into a huff and sulked in the corner until St. Stephen's Day. By then, the wine was consumed and the Minister had to go without. My comments are intended to refer to some but not all judges. If for no other reason than the snub delivered to the Minister last Christmas, I expected him to bring legislation which would deliver messages to the Judiciary that reflected the views of ordinary, down-to-earth and law abiding citizens. Unfortunately, he did not do so.

I suggest the additional judges provided for in this legislation are appointed not only for their expertise in the law but also because they come from ordinary backgrounds. It seems that some judges regard themselves as almost infallible but as far as I know, the only person on earth who has any credibility in making such a claim is the Pope and even he had to issue an apology recently.

This legislation could have required judges to undergo training in the dispensation of justice. I do not feel competent to refer to any particular case but I listen regularly to the criticisms of the performance of judges made by people involved in crime prevention. I am also aware that some lawyers attempt to organise their cases in ways that avoid judges who, for example, may be regarded as being harsh on particular issues. That should not happen. Justice should be dispensed in a uniform, fair and transparent manner but the only way to achieve that aim is to provide standardised training to judges. I am sure some judges would be mortified at the notion of undergoing a course of instruction upon their appointment but the common good should come before the feelings of the Judiciary. Regardless if the method used, we need to achieve uniformity in the actions of judges. As a start, judges should be appointed to deal with specific aspects of the law according to the areas in which they worked before their appointment to the bench. In some of our courts, judges have to deal with diverse issues, even though they cannot be expected to be expert in every area of the law.

I wish to address the need for improvements to existing courthouses and the construction of new ones. I raise this issue not only for the good of judges but also for all the people who work in courthouses, as well as the general public. The Courts Service is dragging its feet on the provision of a new courthouse for Tuam in my constituency of Galway East. Some time ago, the old courthouse had to be closed on health and safety grounds. A temporary facility which was constructed to hold the court remains in place but no progress has been made on permanent accommodation. A property adjoining the courthouse is for sale and, while the Courts Service has apparently deemed it suitable, it has shown no urgency in acquiring it or any other property for use as a courthouse. I hold no brief for the vendor of the property and do not care where the courthouse is located, provided it is within the town boundary. It would make eminent sense to locate it beside the Garda station but, unbelievably, the Courts Service refused an offer of such a site from Galway County Council. That alone should prompt questions about who, if anybody, is making decisions on Tuam courthouse. Action is needed now to develop a proper and permanent courthouse in the hub town of Tuam. I ask the Minister to intervene with the Courts Service on this matter, given that it accords with the designation in the national spatial strategy of Tuam as a hub town.

See this speech in context