Jimmy Devins (Sligo-North Leitrim, Fianna Fail)

——and the continuing good case management and careful scheduling of cases have all contributed to the significant reduction in waiting times and the optimum use of the judicial and other resources allocated to the court.

The situation in the Circuit Court and the District Court varies according to location. While some venues are in a position to schedule cases for the next sittings, others are experiencing delays due to a variety of factors. The president of each court has at his disposal unassigned judges who can be used to assist permanently assigned judges where pressure of work demands it. If more judges are required, they will be appointed.

The Deputy referred to a particular case. The allocation of court business is a matter for the Judiciary. The Minister for Justice, Equality and Law Reform has no function in the area. However, I can make some general comments about the tragic case in question and I assure the families involved that everything possible will be done to bring this matter to a speedy conclusion. This case was listed for hearing at Trim Circuit Court. As there were understandable difficulties in empanelling a jury locally in County Meath, the presiding judge transferred the case to Dublin for hearing. In criminal cases, priority must always be given to those cases where the defendant is in custody. The defendants in this case are not in custody. The case was listed for hearing on 26 February 2008. However, all available judges were already hearing cases and it was not possible for the case to proceed. The President of the Circuit Court is now examining the possibility of arranging an earlier hearing date. If an available date is identified, it will be offered to the parties.

The scheduling of court cases in the Circuit Court is a matter for the president of that court and the presiding judge who are, subject only to the Constitution and the law, independent in the exercise of their judicial functions.

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