Seanad debates

Thursday, 25 May 2023

Nithe i dtosach suíonna - Commencement Matters

Courts Service

9:30 am

Photo of Barry WardBarry Ward (Fine Gael) | Oireachtas source

Gabhaim buíochas leis an Aire Stáit as ucht teacht isteach sa Teach chun an cheist seo a fhreagairt. Last week, the Courts Bill 2023 was passed by the Oireachtas. Primary among its functions is to increase the number of judges in all courts, including the Court of Appeal, High Court, Circuit Court and District Court. It is a very welcome measure. As I have said on several occasions in this Chamber, we are lucky to have a functional justice system, including a criminal justice system, in this country. We have courts that work and judges who apply the rule of law and respect the individuals who are before them without fear of, or favour to, any person.

However, a criticism that consistently arises in regard to our Courts Service and court system is that there are delays in dealing with matters. As a criminal law practitioner, I know that if I ask for a trial date in the Circuit Court today, I will get one in the second half of 2025. Judges go out of their way to do what they can for people who are in custody, cases in which a child is involved or where there is anything else that would bring an urgency or priority to a case. That is as it should be and it is true in all courts. Notwithstanding that, there are still substantial delays in getting cases of all kinds dealt with in the courts. That is why the McManus report recommended an increase in the number of judges, by one in the Court of Appeal, three in the High Court, four in the Circuit Court and seven in the District Court. I am looking forward to those appointments being made in the coming weeks and months. The increase in numbers makes perfect sense.

However, as I have raised with the Ministers, Deputies Harris and McEntee, there is a need not just for more judges but for improvements in the infrastructure that supports those judges. This includes an increase in Courts Service staff and, perhaps most important, more courtrooms in which cases can be heard. I raise this matter to ascertain what plans the Department of Justice has for providing spaces in which cases can be heard throughout the country. We have a dedicated Criminal Courts of Justice building on Parkgate Street in Dublin. It houses 22 courts, all of which will be in use today. The building is at capacity. Where are the new judges of the Circuit Court and Central Criminal Court going to sit? Where will the trials take place? What provisions have been made to ensure they can take place? Are there plans within the Department, for example, to build more court spaces? Given the Criminal Courts of Justice building is full, are there plans to take other buildings in Dublin city for this purpose?

I am speaking specifically about Dublin but the same issues apply in every large town and city around the country. We have been talking in recent weeks about legal aid provision. I will not get on that particular hobbyhorse this morning. However, it is important to remember that there are people affected by these issues in every county, town, village and Dáil constituency in the country. The Department must put measures in place to ensure the progressive action it is taking in increasing the number of judges will actually lead to a change in the functioning of the system. The measures it puts in place now will benefit every community in the country. I recognise that both budgetary and legislative measures have been put in place by the Department to improve the efficiency of the courts. I hope the Minister of State is able to tell me what is being done by the Department of Justice to anticipate not just technological advances, which are hugely important, but also the need for more physical spaces.

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