Dáil debates

Tuesday, 17 May 2022

Saincheisteanna Tráthúla - Topical Issue Debate

Courts Service

10:10 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

It was a bit of a shock to learn that the Courts Service office in Youghal is to close. I was disappointed that we were not briefed on this by the service. We have had a number of items of correspondence on this matter. One has to do with women who use the Courts Service to get protection orders. I got an email from one particular lady on this recently which I would like to mention for the record. She asked what the woman who cannot afford petrol because her husband controls all of the money is to do. If the Courts Service office in Youghal is closed, the nearest office will be in Cork city, which is an hour away. What about the woman whose husband tracks the kilometres on her car, the woman who has three small kids and no transport, the woman who simply cannot get away for that long without her partner being suspicious, the woman who has no childcare but whose children are old enough to understand what they might hear, the woman who is destroyed with bruises and is ashamed that other people might see, the woman who cannot go home because her partner is there busting up the place, the woman who works Monday to Friday and so on? The woman who sent me this email begs us to keep this service in Youghal open.

There are other reasons as well. This lady says that taking away our clerk's office is taking away the only thing that makes women feel safe in this situation and that there is comfort in knowing that you can go straight to the office and apply for a protection order if you need to. She asks whether these women have not suffered enough and says that not enough noise is being made about this.

There are other issues of concerns in respect of this decision. Gardaí can lodge charge sheets in the court office. If the expected closure goes ahead, this will have to be done in Anglesea Street in Cork city, taking gardaí away from their duties. People who do not have access to online banking pay fines at the court office. Some kind of a temporary arrangement is being talked about. Do the people in Youghal and the surrounding areas have to check for a notice on the door as to whether a court office is available? The current court office allows people to attend with dignity and allows staff to deal with people's issues in a confidential way. If these new proposed plans come into force, people will have to queue up to wait for an opportunity to meet Courts Service staff. We ask that this decision be reversed.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
Link to this: Individually | In context | Oireachtas source

I am delighted to have the opportunity to raise this issue. The people of Youghal are very exercised about the decision of the Courts Service to close a service that is vital to people and to the administration of justice in Youghal, particularly as it relates to the victims of domestic violence. As my colleague, Deputy Stanton, said, this is about ensuring that we do not force women who are subject to domestic violence and who are seeking protection orders to go from Youghal to Cork. This decision takes a service further away from the people who are most vulnerable and most in need of it. I ask the Government to please intervene with the Courts Service to reverse this absolutely disgraceful decision. It is disgraceful given the fact that the Courts Service invested approximately €1.2 million in creating this facility in the first instance back in 2008. We have testimonials from three notable solicitors - David Keane, John Brosnan and Karen O'Shea - who are legal representatives in the town of Youghal. They are on the public record as saying that this is a Trojan horse for getting rid of the court in Youghal itself. We ask the Government to please reconsider this decision and to use its good offices to intervene with the Courts Service to ensure that the services people are entitled to as of right are provided. People must have good administration of justice without impediment. A situation cannot be created where vulnerable women who are subject to domestic violence will have to get on buses to go to Anglesea Street in Cork. It is absolutely disgraceful.

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I am taking this matter on behalf of the Minister for Justice, Deputy McEntee. I will keep to the script. I thank the Deputies for raising this important matter and for the opportunity to provide clarity on some issues.

As both of them will be aware, management of the courts, operational matters and logistical functions are the responsibility of the Judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and, given the separation of powers in the Constitution, the Minister has no role in the exercise of Courts Service functions. It is the Minister's understanding that the Courts Service senior management team and board have recently decided to close the court office in Youghal before the end of this year, mainly for health and safety and administrative reasons. The property at Quay Lane in Youghal where Courts Service staff are based is leased rather than owned by the Courts Service.

Youghal District Court and Circuit Court sittings will continue as scheduled in the town hall. The District Court sits on the first and third Friday of the month and the Circuit Court sits each January and July. The Minister is advised that the staff in the Youghal court office will be involved in informing the new arrangements that will be put in place. The local judge, legal practitioners, support and representative groups and court office users will also be involved over the coming months to ensure the service continues to be supported.

In consultation with the Youghal court office, the work in Youghal will be transitioned to the two court offices in Cork city, which are the closest court offices to Youghal. All criminal matters will be managed by the court office in Anglesea Street and all family and civil matters will be managed by the court office in Washington Street. Following a health and safety risk assessment, the Courts Service has identified a space in Youghal Town Council from which a member of staff could provide a local customer service in the town every Friday, particularly in respect of family law services. This arrangement would also provide support to the District Court sittings scheduled for the first and third Friday of each month. Once implemented, this arrangement will be monitored by the Courts Service and reviewed after a six-month period.

Access to domestic violence services will be provided through three different options that will be available to service users. They may choose to contact the family law office in Washington Street courthouse by telephone, attend the courthouse in Washington Street in person, or attend Youghal Town Council on any Friday. Many family law court users prefer not to have their issues dealt with locally and to go instead to main centres to file their forms and have the matters dealt with in a secure and private setting.

On a broader note, family justice is a priority for the Minister and a major element in Justice Plan 2022. The programme for Government contains a commitment to enact a family court Bill to create a new dedicated family court within the existing court structure and provide for court procedures that support a faster and less adversarial resolution of disputes in specialised centres. Work is ongoing on the drafting of the Bill with a view to its publication as soon as possible in 2022.

Alongside the family court Bill, the Department of Justice is in the process of finalising a family justice strategy, which will set out a high-level vision and key medium- and more long-term objectives for the development of a national family justice system. The establishment of a dedicated family court structure as envisaged by the forthcoming family court Bill will form a core part of the strategy.

10:20 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Minister of State referred to the Courts Service identifying a space in Youghal Town Council to which people can go on any Friday if they need assistance. Reference was made to court users preferring to have their issues dealt with at a main centre rather than locally. However, people are being asked to go to a very public place to deal with a most intimate matter. The woman who contacted me said she was in no fit state to get a bus and try to navigate around the city. When her relationship ended, she was in so much debt because of her partner's behaviour, she did not have the money for a bus fare. Even if it was only €5, she did not have it.

This is an issue on which the Minister really must engage with the Courts Service. I was Minister of State in the Department of Justice and Equality long enough to know about the separation of powers and all of that. The Minister should have a chat with people in the Courts Service. Perhaps they will meet with the Deputies from the constituency and explain the rationale for the decisions made. That has not happened in this instance. It has happened in the past when this kind of thing went on, which was very useful. People are concerned and worried about this, as are the practitioners who are using the service, as Deputy Sherlock noted. This is taking away a very important service from people, especially vulnerable people. Very little notice was given and very little rationale was offered. An ad hocservice has been put in place that requires people to check whether there is somebody there to help them and to line up with other people on a Friday to access the service, or else to attend the family law office in Washington Street. It is just not on.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
Link to this: Individually | In context | Oireachtas source

I respect the Minister of State and the fact she does not have policy responsibility for this area. The response by the Government is not adequate for the purposes of ensuring the administration of justice, as articulated by the concerns outlined by the law officers in Youghal, by the users of the service and by the citizens. We are in a situation where a service is being taken away, even though more than €1 million has been invested. To throw the health and safety argument back at women who have suffered the indignity and hurt of domestic violence is a weak response. I do not personalise that comment in any way.

I have received the same email as my colleague, Deputy Stanton. It states:

When we seek these protection orders, we are utterly broken. We have been gaslighted, manipulated, intimidated, financially abused, sexually abused, physically abused, lied to, cheated on, isolated from our friends and families - the list goes on. We're left questioning our sanity, asking ourselves, "What is wrong with me?"

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

Thank you, Deputy. We are way over time and I have given extra time.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
Link to this: Individually | In context | Oireachtas source

We have to protect those women and those services.

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I agree we must protect those women. Regarding Deputy Stanton's request that the Minister meet with all the local Deputies to discuss the concerns, I do not think that would breach any powers. It is about ensuring there is an informed opinion on the matter. I believe in the good work the Deputy and the previous Government did in regard to the understanding and knowledge of coercive control. The more information we have, the better. When it comes to removing services, I speak for myself, not for the Minister, in saying we need to have the conversation and we need to have that understanding. People are being empowered to know their rights and we must support them in an environment which they know they can have access at any time. We should not be diluting that access. I will ask the Minister for assurance in this regard.

Cuireadh an Dáil ar athló ar 9.37 p.m. go dtí 9.12 a.m., Dé Céadaoin, an 18 Bealtaine 2022. The Dáil adjourned at at 9.37 p.m. until 9.12 a.m. on Wednesday, 18 May 2022.