Seanad debates
Wednesday, 11 July 2012
Courts Service
7:00 am
Jimmy Harte (Labour)
The matter I raise is straightforward and simple. I have been contacted by a number of legal figures and their clients in County Donegal who were recently informed that the High Court, which goes on circuit for civil court appeals, is not due to sit in the county. The list for the year shows the High Court sat in circuit in Sligo in May and will sit this month and again in November in Castlebar. The lists include Circuit Court appeals from County Donegal. A member of the legal profession has informed me that this is the first year the High Court has not sat in County Donegal to hear civil court appeals. In one case in Carndonagh, the appellant would have to make a round trip of 300 miles to have an appeal heard in Castlebar. It would be as convenient for the individual in question to travel to Dublin.
People from County Donegal should not be required to travel to Castlebar to have cases heard. There are 14 cases from County Donegal scheduled to be heard in Castlebar. The cost of hearing these cases in Castlebar, including travel costs incurred by witnesses and staff, is significantly greater than the cost of bringing one judge to Letterkenny courthouse, where the relevant files are maintained. The legal profession fears that Circuit Court appeals will no longer be heard in County Donegal. Letterkenny has a perfectly good courthouse, which is in use, and plans are afoot to construct a new courthouse in the town. The requirement to travel to Castlebar will create costs and inconvenience appellants. As the cases in question are civil cases, the clients do not receive free legal aid. People who live at the northern end of County Donegal will have to travel to Castlebar the night before their cases are heard and may have to stay a second night. This will create significant costs.
From the list of locations for Circuit Court appeal hearings, it appears citizens in other counties will not be inconvenienced to the same degree as people in County Donegal. I ask the Minister or Courts Service to ensure this is a temporary measure. Civil court appeals must be heard at locations close to appellants. The 1924 Courts of Justice Act was introduced to replace the old British system. A judge in one case ruled that justice should be administered locally and people should no longer be required to travel to Dublin. Travelling to Castlebar is no more convenient to a person living in Buncrana than travelling to Dublin. The intention of the Courts of Justice Act was to administer justice locally for the convenience of citizens rather than judges.
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