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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)

Seán Fleming: Could that include the person saying that he or she did not receive the notice in the first instance?

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

Seán Fleming: We understand that but does anyone keep statistics on it? We are not asking our guests to comment.

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

Seán Fleming: Does anybody in the Courts Service keep statistics on why cases are struck out?

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

Seán Fleming: As the Deputy indicated, in 50% of cases there was no conviction. Surely it is in the State's interest to know why cases are being struck out. Does nobody collect that basic data?

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

Seán Fleming: Does anyone do it?

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

Seán Fleming: Yes, Mr. Mullan said that already but surely there is something to be learned from the cases that are struck out. Surely it is possible to learn from such cases in order to minimise them as time goes on. Is anybody collecting statistics on the reasons for cases being struck out so that we can learn from them?

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

Seán Fleming: It is a suggestion that we will put out there. I do not want to put more work in the way of the Courts Service but I am sure our guests understand the point I am making. We cannot learn if we do not gather the information.

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

Seán Fleming: Yes, but most of these cases would be handled by the local Garda inspector in the District Court.

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

Seán Fleming: Most of the prosecution in the District Court is done by the local garda-----

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

Seán Fleming: They are mainly dealt with by gardaí. Almost all of it is dealt with by An Garda Síochána. Does the Department of Justice and Equality know whether gardaí collect data on the reasons for cases being struck out? If 50% of defendants are saying that they did not receive the notice in the post, there must be some-----

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

Seán Fleming: It would not be struck out without something being said in court.

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

Seán Fleming: It appears that 50% of cases are being struck out for a variety of reasons. If we had statistics on that, it might help us to secure a better rate of conviction down the road. We cannot achieve that if we do not collect the information that enables us to learn. That is all I am saying.

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

Seán Fleming: I am sorry.

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

Seán Fleming: Has the Department of Justice and Equality ever discussed the issue with An Garda Síochána? It is clear that a Garda inspector handles all of these cases. He or she knows the reason and ticks the box. The raw material is being gathered in the court by the prosecuting side as to why a case has been struck out. The information is in the files. It would be useful to record it,...

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

Seán Fleming: If they are looked at, it means that the statistics are collected.

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

Seán Fleming: The analysis about which we are asking involves a breakdown of the reasons cases were struck out.

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

Seán Fleming: Will Mr. Fallon ask? The information is being recorded on the spot on the day . The inspector knows the reason offered and the judge’s decision. The raw material is available. The prosecution team cannot walk out of the courtroom without knowing why a case has been struck out. I should not have to spell it out because it is so basic. It cannot be the case that the information is...

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

Seán Fleming: I am struggling. I cannot believe I have to go to the Comptroller and Auditor General who has to go back seven years to answer the question. I ask all witnesses, but nobody can give me an answer. Instead, I am referred to the Department of Transport, Tourism and Sport. The information is available. Will somebody think about this matter? That is all I am asking. I am not giving him or...

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

Seán Fleming: The Comptroller and Auditor General could not have written that paragraph seven years ago without there being some basis for it. The information is available and being collected every day.

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

Seán Fleming: I offer my apologies to Deputy Munster, but Mr. John Burke from the Department of Public Expenditure and Reform has indicated.

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