Dáil debates

Thursday, 16 February 2023

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

Courts Service

9:00 am

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank Deputy Kenny for this question. We had a chance to begin to explore this issue at a committee meeting and I am grateful we have a chance to discuss it further.

As the Deputy will be aware, the Judiciary is independent in the exercise of its functions. Since the Covid restrictions have been lifted, the courts have resumed working at full capacity. The Courts Service works closely with the Judiciary to prioritise urgent work and address backlogs that have been exacerbated by the pandemic.

I am acutely aware of the impact of delays in proceedings on vulnerable victims but it is very important for people to know applications for urgent interim domestic violence orders are prioritised by the courts. I am certain we all want that message to go out from the House today. I want anybody who is in danger today or who is worried to know that. I should also clarify that the Courts Service has assured me urgent domestic violence interim applications are a priority and are dealt with immediately, that is, either on the same day or on the next sitting day in every district. The interim order is in place until a full court hearing can take place. Even during the pandemic, courts were opened and remained open to hear these applications.

I am informed that waiting times for other domestic violence applications vary across districts but the majority, as the Deputy said, hear these applications at the next sitting. For the reasons the Deputy has outlined, I have asked the Courts Service for a report on the disparity in waiting times between districts for family law domestic violence applications. I am very conscious of the courts' independence but I am conscious also of the point Deputy Kenny makes, namely, a majority of the courts are hearing applications at the next sitting. I want to get a real understanding of the disparity across the District Courts.

While the introduction of preliminary trial hearings in 2022 represents a significant reform intended to speed up criminal trials, I understand the average waiting time for trial in serious sexual assault cases, which are heard in the Central Criminal Court, is currently 14 months. Sexual offences are also tried in the Circuit Criminal Court and data received from the Courts Service indicate 75% of cases over the last six months were scheduled for hearing in under 24 months. The average wait for the family law list is three months.

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