Chris Andrews (Dublin South East, Fianna Fail)

I am delighted to have the opportunity to speak on this legislation. I had not planned on referring to the free legal aid system but I agree with the comments of Deputy Nolan. I know the Minister is as committed as anybody to dealing with abuses of the judicial system but in difficult economic times the focus is on getting value for money. There is a sense that free legal aid is being abused and if that if funding is available it should go to those genuine cases to which Deputy Nolan referred.

The purpose of this Bill is to allow for the efficient operation of procedures at the new criminal courts of justice when they open in 2010. That will be four months ahead of schedule, which is a positive delivery of services.

Since the Courts Service was established in 1999, it has energetically and systematically pursued a programme of transforming the physical infrastructure of the courts. This is extremely welcome. It shows that despite the difficult times in which we live, projects are being undertaken and people are adhering to plans and delivering on them. Not everything will be transformed overnight. In Donnybrook and Pearse Street Garda Stations gardaí are housed in antiquated buildings making it difficult for them to be as efficient as they could be in a brand new building. However, that development will happen. In Irishtown in Dublin 4, for example, there is a new Garda Station which is a tribute to the Department and the Minister who delivered this fine project. It makes it possible for everyone to be more efficient.

The new complex to which we refer in this debate has 450 rooms, including 22 court rooms, and ancillary facilities based over ten floors and will provide vastly improved facilities for the public. A very positive aspect of the new complex is that victims of crimes will have an easier experience than at present. Those who come into contact with the judicial or criminal system find it stressful and upsetting at a vulnerable point in their lives. If we can alleviate those difficulties and make a small difference to the interaction between the criminal system and victims we should do so. This building will make it easier for people to navigate the courts system without coming into contact with people with whom they are in conflict.

The formation of the Courts Service was recommended by a working group on a courts commission which was established by the Oireachtas in 1996. The group found that the Irish court system had remained largely unchanged since its establishment in 1924. This had resulted in unacceptable delays in the determination of court cases. In addition, staff throughout the courts system were poorly organised, given the antiquated structures within which they worked. That is being addressed on an ongoing basis. To combat those difficulties, the Courts Service of Ireland was established in 1999.

It is nice to hear Deputy Rabbitte warmly welcoming this new building. The effective operation of a court system is critical for the well-being of any society. The built infrastructure and the human infrastructure must both be right. The new complex goes a long distance towards that. The new Criminal Court complex will be the first step in the modernisation of the service. Given the scale of the building, it was necessary for the Courts Service, in consultation with the Garda and the Irish Prison Service, IPS, to give detailed consideration to how various work processes will operate when the building is up and running. An efficient and modern service is a priority for all the parties involved.

The Bill will provide for a modern and streamlined service which will best serve those who come in contact with it. Part 2 will allow the IPS to manage the central holding facility for people in custody and have control of all persons, including those who have not been committed by the courts to prison. That will make things more efficient and must be welcomed. The Bill also allows for the temporary transfer of custody to a holding area for the purpose of facilitating a court appearance or the holding of a court hearing involving an accused person. It is necessary to make legislative provision for this change so that the IPS may be responsible for the custody of persons in the holding cells in the courts. Until now those people have been in the custody of the Garda. The Bill will not affect the current arrangements for persons detained in the Central Mental Hospital who are required to attend court. They will remain within the mental health service.

Part 3 makes provisions to allow for improved staff management and flexibility by designating a single administrative office rather than an office for each court and each jurisdiction. Many of the Bill's measures are practical and welcome. Part 3 will modernise the court structures and allow for the integration of staff and efficient procedures.

Part 4 will allow a District Court clerk to take bail recognisance in certain instances. At present, when a District Court grants bail and the applicant is in a position to take up bail immediately subject to entering a recognisance, an applicant must be taken to the court office, complete the necessary documentation and then return to the court to enter recognisance before the judge. This is time consuming and not altogether necessary. This straightforward technical amendment will minimise the movement of prisoners around the court complex and free up judges' time for hearings.

All of these measures are inherently sensible and will result in increased efficiencies in the prison service. I look forward to the opening of the new building and I commend the Bill to the House.

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