John O'Mahony (Mayo, Fine Gael)
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I thank the Ceann Comhairle for selecting this topic for debate which came to light at the weekend following comments made by Judge Devins which were carried in the media this morning. I thank the Minister for Justice and Equality, Deputy Shatter, for replying to the debate. I understand he has just come from a select committee this afternoon.

The Courts Service met yesterday to make decisions on the future of the courthouses in Kiltimagh and Claremorris. There were also rumours in recent days about District Courts in Swinford and Ballyhaunis. I understand the decisions are based on cost savings which, in a sense, we all understand and support.

The key point I wish to make is that the Courts Service seems to be making decisions on cost savings to the provision of District Court sittings. The cost for the provision of court sittings in each of the two locations is approximately €17,000 per year. I am concerned at the additional costs involved for other parties. The Courts Service may save money but the Garda, solicitors and members of the general public will incur higher costs. One must bear in mind that the areas to which I refer are rural. There is not public transport to bring people for instance to the centralised courthouse in Castlebar. Kiltimagh is seen to be near Castlebar but the court serves an area as far as the Galway and Roscommon borders. I am sure the Minister is well aware that a small number of Garda serve in those towns and if they are caught up in courts in Castlebar their front-line duties will suffer. In addition, costs for travel and subsistence must be taken into account.

Currently, there are dedicated court days for sittings. If cases from all over the county are dealt with in Castlebar I expect there will be longer waiting periods on the day with gardaí being tied up for longer. The system will be a lot less efficient and cost-effective than is the case at present and will prove unwieldy. I ask that an overall cost analysis be carried out on the decision before it is implemented.

I also have a major problem with the way the decision was arrived at without consultation with the stakeholders - the Garda, judges, solicitors, coroners and members of the public. We all understand the need for savings and are in favour of them but rationalisation has already taken place in this area of the county. Courts were closed in recent years in Charlestown, Foxford, Kilkelly, Balla and Ballinrobe. If the closures go ahead there will be a whole swathe of the county without any District Courts. It has been a tradition for hundreds of years that justice is administered where the law has been broken. These closures will put an end to that tradition. I urge the Minister to intervene by asking for an overall cost-benefit analysis of the closures and their effect on the delivery of services.

Alan Shatter (Dublin South, Fine Gael)
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I thank Deputy O'Mahony for raising this issue. Like my Cabinet colleague, the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, I find it extraordinary that the House is dealing with important issues and there is no sign of an Opposition Deputy. It is clear there is a commitment among Labour Party and Fine Gael Members to using the Topical Issue Debate in a productive way to address issues of concern. I hope we continue to deal with matters in this way and that at some stage the Opposition might return to the Chamber.

I want to deal historically with the issue raised by Deputy O'Mahony before directly responding to the points he has made. As he will appreciate, under the provisions of the Courts Service Act 1998 management of courts is the responsibility of the Courts Service and, as Minister, I have no role in the matter. Section 4(3) of the Act provides that the Courts Service is independent in the performance of its functions, which include the provision, maintenance and management of court buildings and provision of facilities for court users.

I made inquiries with the Courts Service, which informed me that in the current financial climate all court venues are kept under continuing review. In the context of the overall funding that will be available to my Department next year, and as the Department that funds the Courts Service, I am conscious of the need to effect efficiencies to meet our financial obligations and contribute to public sector cost reductions. It is important to place this review in context. The last review of the work of the District Court took place more than 50 years ago. Significant changes have occurred in addition to the current financial difficulties, including demographic, social and infrastructure changes, better access to modern transport and improved roads. I have been informed that the Courts Service applies a number of qualitative criteria to each venue, including case count, condition of the building, proximity of local gardaí and number of sittings per annum. It endeavours to ensure, insofar as possible, that venues have cell accommodation available to reduce Prison Service escort costs and meet the standard that court users are entitled to expect, while considering the efficiency of the courts.

Under section 6 of the 1998 Act, the Courts Service has broad powers to do anything necessary or expedient to enable it to perform its functions, including the designation of court venues. Having undertaken an extensive study of each area, levels of business and access to court venues and services, it has amalgamated more than 100 District Court venues, many of which were completely unsuitable for use. At the same time, it has benefited from a very substantial capital investment, with approximately €200 million spent on 50 venues. This upgrading work concentrated mainly on county towns and larger venues which are now available as appropriate resources in which to centralise court sittings.

The policy has been successful in developing more efficient use of time for the Judiciary, court users and gardaí. Rather than short half-day sittings in smaller venues, a full day's list can be dealt with. Delays in the District Court have been greatly reduced as a result and while local gardaí may have to travel to the alternative venues, they are likely to be involved in other cases there in any event and as a result can reduce the overall time they spend in court.

I have been informed that at its meeting on Monday, 17 October, the board approved proposals to transfer District Court business currently heard in Kiltimagh and Claremorris to the District Court sitting in Castlebar. Therefore, Castlebar District Court will from early next year deal with the business previously conducted at these three venues. The Courts Service has assured me there is capacity in Castlebar to do this. As the Deputy will be aware, a state-of-the-art courthouse is available in Castlebar since the completion of a €12 million project in 2004. This refurbishment saw the number of courtrooms increased to four and provided additional improved public waiting areas, consultation and practitioners rooms, extended court offices, judges' chambers, universal access and an enhanced sense of privacy and dignity for all court users. The facilities have capacity for video conferencing and digital recording of proceedings, which are requirements of an efficient 21st century court building.

I am aware of media reports about Swinford courthouse. The Courts Service has informed me that, contrary to such reports, no decision has been taken to close Swinford and it will continue to be kept under review.

The Deputy may also be aware that decisions were taken over the past five years to close four other venues in County Mayo. Three of those venues sat fewer than six times per year and dealt with an average of 150 matters each. It is simply not viable to retain such venues. The more venues there are, the more time court users spend travelling between them. This rationalisation gains operational efficiencies for courts, gardaí and the Prison Service. It also saves time and improves the speed of access to justice for everyone concerned. Taking into account this week's decision, which will take effect early next year, there will still be seven court venues in County Mayo and two of these will be located in the Gaeltacht area of the county.

These decisions are being taken by the Courts Service to achieve greater efficiencies, particularly with regard to freeing up judicial, staff and Garda time currently spent travelling between venues. This rationalisation gains operational efficiencies, saves time and improves speed of access to justice. I agree with the Deputy it is important in addressing an issue such as this that an overall cost-benefit analysis be carried out. I am assured by the Courts Services that such analyses are undertaken very carefully and diligently. Unfortunately, in the economic times as they exist, there are efficiencies we need to achieve to meet the objective of reducing public expenditure. The Courts Service has taken these decisions with that in mind.

John O'Mahony (Mayo, Fine Gael)
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I thank the Minister for his extensive reply and I support the Courts Service in its efforts to find savings. However, if gardaí are to be absent from smaller areas I cannot see how they will be able to make more efficient use of their time. If it is shown that the overall cost of the new arrangement saves money, I will put up my hand and accept that there is nothing to be done but, while the Courts Service will decide on court sittings, I ask the Minister to ensure that the administration of justice here is done in a cost effective and efficient manner. I cannot see logic in the proposal as it stands at present.

Alan Shatter (Dublin South, Fine Gael)
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I again thank the Deputy for raising the matter. I appreciate his interest in the proper administration of justice in County Mayo. It is important that those who come before our courts do so without unnecessary difficulty, whether in criminal or civil matters. At the end of the day, the Courts Service is independent and the decisions it makes are outside my control in the context of individual courthouses.

I share the Deputy's opinion that it is important the decisions made to reduce costs and use resources wisely in one part of what I describe as the justice structure do not impose unnecessary and additional costs on other parts to offset the benefits that may be gained. It is my understanding that this type of assessment and analysis has been undertaken in the context of these two courthouses but I will make further inquiries in that regard to provide whatever further assurances I can to the Deputy.

It is regrettable that courts which have existed for many decades and provided a service to local communities should have to be closed. Tragically, in the context of the huge economic difficulties with which the State is confronted, fiscal stringencies need to apply. In the context of using taxpayers' money wisely, decisions have to be made, whether by me as Minister or other bodies under my aegis, which bring about change. These decisions are a cause of concern in local communities, which we have to address, but we have to implement them because it will otherwise be impossible to meet our financial obligations and reduce the level of public expenditure to restore the State to economic sovereignty.