Pa Daly (Kerry, Sinn Fein) | Oireachtas source

Ba mhaith liom comhghairdeas a dhéanamh leis an Aire nua, an Teachta McEntee, agus leis an Aire Stáit, an Teachta McConalogue. Tá sé soiléir go bhfuil dúshláin agus deacrachtaí nua ag baint le Covid-19 do na Ranna go léir agus don Roinn Dlí agus Cirt. Chonaic mé an tuarascáil ón Irish Human Rights Commission agus tá béim ann ar chomhionannas, cothrom na Féinne agus ceartas sóisialta a choimeád sna polasaithe sa Roinn Dlí agus Cirt i rith an pandemic. There are a number of interesting things in the Estimates. I welcome the announcement of the increase in funding for community policing vehicles and community policing works. I note with interest that funding for the witness security programme is being increased from €120,000 to nearly €1.2 million, an 800% increase. I had a question regarding prisons, given that the number of bed nights was reduced between March and May by 11%, while the Estimate seems to have increased by 9%, but the Minister, in fairness to her, answered that when she said the figures may be revised later in the year.

On the matter of domestic, sexual and gender-based violence, the Garda has reported a 25% rise in domestic calls since the restrictions began. Women's Aid has in turn said that the figures are probably much higher, given that many victims do not report incidents to the Garda. It is difficult to reconcile this reality with the Estimate. The Estimate envisages delivering the same numbers of domestic refuges and refuge spaces this year as were provided in 2019, with 22 refuges and 160 spaces. At the same time, funding under the financial human resource inputs heading for criminal justice, for prevention of domestic, sexual and gender-based violence, has reduced by 16%. I am sure the Minister will agree that Operation Faoiseamh, which was set up by An Garda Síochána to target crimes of domestic abuse, will be fighting an uphill battle without supports for women to exit abusive relationships being in place and without prevention programmes being adequately supported.

I agree with what the Minister said about the not-for-profit approach being introduced to direct provision. That is a good idea but those direct provision centres which are not fit for purpose, such as the Cahirsiveen centre, should be closed now or as soon as possible. I was not sure why funding for the opinion poll from the public attitudes survey was included in the Estimates.

4 o’clock

Despite the efforts of some people to heighten fear of crime, it is noteworthy that for 64% of respondents fear of crime has no impact on quality of life. For less than 20% fear of crime is a serious problem. That being said, how do these Estimates and the programme for Government they support measure up to these moral and political imperatives?

Access to justice is a key legal principle which has often been forgotten. The Courts Service has recently taken the view that the pandemic has created particular challenges concerning the swearing in of juries for trials in the Circuit Court, particularly due to social distancing requirements. For example, in the south western circuit which covers counties Clare, Limerick and Kerry, the Courts Service has decreed that jury trials will be restricted to one location, namely, Limerick city. As a result, members of An Garda Síochána will have to spend their time travelling up and down the road to Limerick from counties Kerry and Clare. That journey is a 200 km round trip from Tralee, for example. The same applies to legal teams, leading to increased inconvenience and distress for witnesses, victims and defendants who have the presumption of innocence.

I note that the programme for Government emphasises the need to prioritise town centres. The neglect of Tralee courthouse has one silver lining, namely, that the building is near the Main Street and the loss of business to the town centre will be particularly acute this year. There are plans which are 30 years old on the wall of the current courthouse. In those 30 years, the only refurbishment has been to the judge's chambers. Even the long-awaited wheelchair lift in the plans on the wall has never been fitted. Surely the imagination to refurbish this building in a manner which fits the needs of a modern court is out there somewhere. This courthouse, designed by a 17 year old apprentice architect and quarried from limestone in the town centre, has functioned in the present location since the days of Daniel O'Connell, through the War of Independence and on to the wrongful prosecution which led to the Kerry babies tribunal. There is an abundance of underutilised space within the existing structure to provide extra courtrooms, separate entrances for juries, prisoners and judges, and possibly some flexibility for Covid compliance.

Has the possibility of videoconferencing for jury selection in other venues, not only in Tralee but around the country, been explored or even considered? The will and the effort must be applied to ensure that Tralee town centre and indeed many towns in other circuits around the country are protected. Courts and Garda stations have been lost to towns and villages around the country, including seven courts in Kerry since the turn of the century. This has to be reversed. Justice has to be seen to be done and justice should be administered in local courts in local communities. There is a well-founded fear in legal, Garda and business circles that the current crisis will be used as an excuse by the Courts Service to further restrict services. This is not a request; it is a demand. Local court services must be maintained.

Our friends in west Cork fought a mighty battle to save the courthouse in Skibbereen. We should remember Skibbereen, as the song goes, and the battle waged to save that courthouse. Any Government with a serious commitment to town centres should aim to maintain services in provincial towns. Imagination and hard work are necessary, but it is possible if the greater good of the community is in mind.

The Estimates triple the capital expenditure amounts for courthouses. We need to spend the money allocated as soon as possible to inject jobs into the rural economy. We need to facilitate good local builders with experience to complete these projects and keep jobs local. If the current restrictions continue in some form, we should be imaginative about obtaining rooms to swear in juries rather than cancelling or restricting services. I urge the Minister to expedite these works.

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