Seanad debates

Thursday, 14 December 2006

 

Judicial Appointments.

3:00 pm

Photo of Joe McHughJoe McHugh (Fine Gael)

I welcome the Minister of State at the Department of the Environment, Heritage and Local Government, Deputy Batt O'Keeffe. I acknowledge the presence in the Distinguished Visitors Gallery of the Minister of State at the Department of Agriculture and Food, Deputy Brendan Smith, to whom this matter will be of interest.

This issue relates to the Donegal Bar Association's call for the appointment of a District Court judge in Donegal and of an additional Circuit Court judge for the region that comprises Cavan, Monaghan and Donegal. This matter has been a major bone of contention for those involved in the legal profession in Donegal for a considerable period and has led to great difficulties in the context of expediting cases. In addition, it has led to problems for those involved in the cases to which I refer, particularly those that relate to family law. The latter involve a great deal of trauma and emotional upheaval. The complications and procrastination relating to the failure to appoint a District Court judge for Donegal have caused a considerable backlog and substantial delays. There have been some instances of divorce cases being placed on the long finger for three years as a result of the situation in Donegal.

Counties Cavan and Monaghan each have a District Court judge. There is one District Court judge to deal with the entire county of Donegal. From anecdotal evidence with which I was supplied prior to entering the Chamber, I understand that Donegal had two District Court judges in the 1950s.

Solicitors in Donegal state that the situation is becoming extremely intolerable. In an unprecedented move, they have taken it upon themselves to highlight this matter at a political level. I hope the Minister of State's reply will not indicate that this is a matter for the Courts Service. In my opinion, that is not the case. This decision relates to resources and there is a need to appoint a permanent District Court judge in Donegal and to appoint a Circuit Court judge in the northern region. The population of Donegal is more than 140,000. In light of the number of cases that might arise, the level of work with which one District Court judge and one Circuit Court judge would have to deal could be considerable.

An additional factor of which cognisance must be taken is that many Circuit Court and District Court cases involve people from across the Border. It is not good enough that these individuals are not included in the equation when resources are being provided in respect of the counties to which I refer. It is unacceptable that a perception is being created that judges are not dealing with cases involving people from across the Border because that is clearly not the position.

The courts cannot cope with the backlog of cases with which they must deal and people involved in such cases cannot cope with the delays. Litigation costs rise as time passes and what is happening in Donegal and on the northern circuit will cost more money in the long term.

I hope the Minister of State's reply will be positive, particularly in the context of indicating a willingness to address the major problems that exist on the northern circuit and in County Donegal. I look forward to his reply and I hope we will continue to work together to try to removing the backlog that exists. The Minister for Justice, Equality and Law Reform should heed the calls from people who are calling for the immediate appointment of a second District Court judge for Donegal and an additional Circuit Court judge for the northern region.

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