Michael Creed (Cork North West, Fine Gael) | Oireachtas source

I thank Deputy McGuinness. I am standing in for the Minister for Justice and Equality who is unavoidably absent. On his behalf, I note that under the provisions of the

Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. The assignment of judges and the scheduling and cancelling of lists is a matter for the presidents of the courts who are, under the Constitution, independent in the exercise of their judicial functions.

In order to be of assistance to the Deputy, the Minister has had inquiries made with the Courts Service and has been informed that a notice was recently published on the Courts Service website, as directed by the President of the High Court, setting out a decision to cancel the High Court personal injuries list in Kilkenny due to a shortage of judges. Interim arrangements have been set out whereby all cases in the list are adjourned to the next list. Any case which is required to be dealt with more urgently may be mentioned to Mr. Justice Cross with a view to seeking a hearing date in Dublin.

As the Deputy will be aware, judicial appointments are made by the President acting on the advice of the Government in accordance with Articles 13(9) and 35(1) of the Constitution. The Government is committed to ensuring that judicial vacancies across the courts are filled in a timely manner. The issues which gave rise to the cancellation of the High Court lists in Kilkenny will be resolved following the appointment by the President of five judges - Brian O'Moore, senior counsel; Mark Sanfey, senior counsel; Mary Rose Gearty, senior counsel; Niamh Hyland, senior counsel; and Mark Heslin, solicitor - to the High Court on 2 December 2019. The new judges will be sworn in by the Chief Justice on Friday, 6 December. It is intended that the new judges will take up their duties immediately thereafter.

With regard to the Circuit Court sittings in Kilkenny, the listing of cases and the cancellation of lists are matters for the President of the Circuit Court. A notice was published on the Courts Service website, as directed by the President of the Circuit Court, setting out recent decisions to cancel lists as well as the interim arrangements. The Courts Service has informed the Minister that the planned criminal and family law cases scheduled for next week in Kilkenny will proceed as arranged. All civil cases have been adjourned to a date early in the new year.

The Circuit Court is operating with a full complement of judges. At its Cabinet meeting of 26 November, the Government nominated Judge Rosemary Horgan, who had already been sitting in the Circuit Court in an ex officiocapacity, for appointment to the Circuit Court. Judge Horgan's warrant for appointment is scheduled to be signed by the President this week and her swearing-in ceremony is scheduled to take place on 9 December.

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