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Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: Tralee.

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: I understand that, but it seems to me that-----

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: Has the Courts Service recommended that the law be changed?

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: I need to judge how the Courts Service is managed and how it escalates concerns. I accept that use of the poor box is at the discretion of judges, but the court in Ennis accounted for €3,750 while the court in Tralee accounted for almost €500,000. A court in a small rural area is allocating more than the court in Tallaght, which is in the Dublin metropolitan region. That...

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: I am not casting any aspersions on any individual. Based on good audit practice, if any one individual is directing control over where a fund should go, there is no connected-persons assessments of where it should go. There is no risk assessment carried out in terms of the funds. That is a gaping hole in terms of the management and operation of the process.

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: I am not doubting that. However, like the debt, that is clearly not working. It is the job of the Courts Service to escalate these matters. If the Courts Service is managing it, it needs to raise queries on it.

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: I recently raised here the disqualification of drivers and driver licences that were surrendered. In 2011, 2012 and 2013 only 6% to 7% of those disqualified through the courts handed back their licences. In response to a parliamentary question, the CEO of the Road Safety Authority, RSA, advised that the RSA and the Courts Service were engaged in an exercise to reconcile data that involves...

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: If there were a rate of in excess of 80%, I might give Mr. Mullan some leeway. However, when the rate is only 6% or 7% it indicates that for some of the years on foot of a District Court order to surrender their licence, only 6% of those people actually surrendered their licence. While there can be some overlap with individuals reaching the threshold of penalty points and there can be...

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: It is 1% in relation to what?

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: It has issued figures showing that over a six-year period only 12% of drivers, who were convicted and required to hand in their licence, handed in their licence. If the Courts Service got it to within 1%, Mr. Mullan is saying that the RSA figures are correct.

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: There is a significant difference between the RSA figures and the Courts Service figures.

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: It is more than 1%.

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: This is very basic in the administration of justice. Those systems are clearly not working.

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: It is all coming back to legislation. That seems to be the excuse being used. It surely is a simple thing if a judge directs someone to hand in their licence that we have a system in place that can measure that accurately and tell us pretty well immediately if someone is contravening that order and has not handed in their licence by the specified period. One would think that would be...

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: -----but it is not.

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: Is Mr. Mullan saying they do not have enough staff?

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: Does Mr. Mullan believe the legislation is appropriate for it now?

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: I have an issue with Mr. Mullan saying every time that it is a matter for us. Quite clearly it is not a matter for us if the Courts Service cannot accurately measure the number of people who were convicted and had their driver licence withheld, and present that figure to me. He is saying there is a 1% difference in figures there-----

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: There would be no family law done.

Public Accounts Committee: 2018 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 22: Courts Service
(14 Nov 2019)

Peter Burke: This is incredible stuff. Ms Denning has said that one third of people hand in their driver licence in the court. That totally contradicts the RSA figures, which were: 6% in 2011; 7% in 2012; 9% in 2013; and 9% in 2014. In 2018 after the change in legislation, it went up to 13%. Those figures are a long way off one third of people. There is a serious contradiction in the figures and Mr....

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