Seanad debates

Tuesday, 15 October 2013

Adjournment Matters

Court Sittings

4:45 pm

Photo of Mark DalyMark Daly (Fianna Fail) | Oireachtas source

I welcome the Minister of State to the House. The Courts Service has decided to close the courthouses in Kenmare, Cahersiveen, Killorglin and Dingle and has claimed it is a cost-saving measure. I am afraid the service has not carried out a comprehensive analysis of the cost to the State of this move. It has not considered how much it will cost the State in man-hours given that gardaí who normally give evidence in Kenmare, Cahersiveen, Killorglin or Dingle will now need to travel to Killarney and will have to wait there for their case to be heard. Witnesses, including expert witnesses such as medical practitioners and others, will need to make the same journey. The Courts Service has not carried out any effective impact assessment - it has just considered the cost of the court buildings. It has not considered the cost to the State of all these witnesses and gardaí giving evidence in a centralised location, in this case Killarney.

The increased cost on citizens in south Kerry who will now have to travel has not been considered. The 2006 Crowley report showed that 12% of the population in south Kerry do not have a vehicle. In order to get justice those people would need to travel to Killarney. Given the economic downturn since then, one can imagine that figure has not improved. They would need to get a bus to Killarney and bus timetables do not always coincide with court sittings, particularly for return journeys if the court sitting continued until late in the afternoon.

Access to justice is a fundamental right laid down in the Constitution. Up to now the most vulnerable, including those seeking barring orders and the elderly were able access justice locally but will no longer be able to do so as a result of this bizarre move. I say it is bizarre because one would have thought the Department would have done a comprehensive review to determine the number of garda hours that will be taken up in travelling. Going from Dingle to Killarney or Tralee and back takes two hours alone and the same applies in the case of Cahersiveen. What is the cost for the State to pay for gardaí to travel by squad car over to Killarney for court hearings? What are the costs for the witnesses and citizens? I ask the Minister to reconsider the issue. What is proposed is centralisation, something of which he is aware given what has happened with Garda stations in his constituency. Justice is being removed from the people at a local level and being transferred to the centre, meaning not only will the State be at a financial loss but the citizens will also be at a loss because access to justice is being put beyond their reach.

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