Seanad debates
Tuesday, 27 February 2007
Courts and Court Officers (Amendment) Bill 2007: Second and Subsequent Stages
5:00 pm
Frank Fahey (Galway West, Fianna Fail)
I thank all the Senators who contributed to the debate. I will clarify some of the issues raised. Senator Cummins referred to the lack of sentencing guidelines and training. The Minister already referred to the new sentencing information system being introduced by the Courts Service. In addition, the Judicial Studies Institute makes a valuable contribution to judicial training. The judicial council will take over responsibility for judicial education and training and for the exchange of information among judges. When the scheme of the judicial criminal Bill has been approved, it will be made available to the Joint Committee on Justice, Equality, Defence and Women's Rights and its views will be taken into account in the drafting of the Bill.
With regard to the Waterford small claims court, the issues of staffing and sittings are a matter for the Courts Service and the President of the District Court. I will bring the matter to the attention of the Courts Service. The Senator was critical of the 25% remission of sentences. Remission is given for good behaviour in prison and if a prisoner misbehaves, he or she will not be allowed remission. Remission is not automatic and must be earned by good behaviour. The issue of whether the prosecution should have a role in sentencing is something we could consider and I will bring that suggestion to the attention of the Minister for Justice, Equality and Law Reform.
The Government is serious about reform in the area of legal fees. Reform will empower consumers by making the legal services market more predictable and transparent. As matters stand, it is difficult for people to make an informed decision on whether to take legal proceedings because of the uncertainty about legal fees. The reforms are based on bringing legal fees into the open in order that people can shop around more.
On the question of productivity, Senators may be interested to know reorganisation of the District Court boundaries to reflect changes in population is ongoing. The objective is to ensure judges will be assigned to districts which, as far as possible, contain similar sized populations. Currently, there is a wide disparity in the populations of various District Court areas.
I agree with Senator Walsh's comments on the need for judicial accountability. As I said in my opening remarks, the judicial criminal Bill is being drafted and it will, inter alia, deal with the issue. I will bring the Senator's comments to the attention of those drafting the Bill. The Senator also mentioned judicial salaries. Judicial salaries are set by reference to the recommendations of the review body on remuneration for higher public servants and the issue is a matter for that independent body.
Senator Henry referred to the drugs court. The Minister supports the drugs court project and the move to have it cover the whole Dublin area. He expects to see the concept further extended in due course. The Senator also spoke about drugs treatment and is, obviously, very knowledgeable on this complex area. The issue is difficult to deal with in the context of this Bill, but I will bring her remarks to the attention of the people in the area of drug treatment.
I understand the intention behind Senator Kett's suggestion to increase judicial numbers to a higher drawdown figure. The issue was considered by the Department and I outlined in my opening remarks the reasons it may not operate in that manner. It is recognised that the Oireachtas should decide the numbers on an ongoing basis. I agree with the sentiments expressed by Senator Ó Murchú on the issue of legal fees and referred to that area earlier in my speech.
I thank all Senators for their contributions. The Government has no hesitation about increasing the judicial numbers required. Since 2002, the number of High Court judges has been increased by seven, the number of Circuit Court judges by six and the number of District Court judges by four. Review is not just about numbers. The Government is of the view that court procedures must be streamlined and simplified to make the system more productive. Much has been achieved in this regard through the use of new technology. We must also bear in mind that additional numbers of judges increase the need for court rooms and courtroom staff. As I outlined earlier, significant resources are now available to the Courts Service. The establishment of the new Courts Service, as an independent agency, in 1999 has undoubtedly brought forward the entire administration of the courts service in a significant way.
I am glad that everybody supports the thrust of this Bill. We are anxious to have it passed by both Houses of the Oireachtas as quickly as possible, signed by the President and have those new judicial appointments made. I thank the Senators for their contribution today and for facilitating the quick passage of the Bill.
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