Thomas Byrne (Fianna Fail)
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Táim an-bhuíoch den Chathaoirleach as ligint domsa an t-ábhar seo a ardú ar Athló an tSeanaid anocht. Is ábhar an-thábhachtach é seo maidir le teach cúirte Ceanannais Móir, Contae na Mí.

This is the third time that I have stood in the Seanad to address what I perceive to be the downgrading of the town of Kells by the Government. I spoke on the cancellation of the Eureka school building project, I spoke on the broken promise on the Kells primary health care centre and I speak tonight on the possible closure of Kells courthouse in County Meath. I may well seek to table a further Adjournment matter about the possible abolition of Kells Town Council as well.

Kells is receiving a great many hammer-blows from the Government which relate to the prestige, services and infrastructure of the town. It has come to the attention of the County Meath Bar Association that Kells courthouse may well be earmarked for closure. I ask the Minister of State, Deputy Perry, who, presumably, is present on behalf of the Minister for Justice and Equality, Deputy Shatter, to clarify the exact position on Kells courthouse.

The courthouse in Kells is widely used. On one day in November, there were 63 cases listed. This does not merely involve, as some might perceive, a quick courthouse visit in which persons get their convictions and everybody holds their breathe and sees them go to jail. Rather, it brings much business to the town, whether visiting gardaí, lawyers or unfortunate defendants and their families, and adds to the prestige of the town. The business community in Kells is most concerned about this issue as well. It is about the status of the town and the services available in it.

With all of the downgrading of Kells by the Fine Gael-Labour Party Government, I plead with the Government to consider this decision carefully and not go ahead with it. It would turn a once proud town with many facilities into what would be effectively a village if it does not have a court facility. If there is to be a consultation process regarding the closing of Kells courthouse, I ask the Government to cancel it and to show that this courthouse is needed and the figures are there to prove it. I look forward to a good answer from the Minister. The people of Kells are quickly losing patience with the Government.

John Perry (Sligo-North Leitrim, Fine Gael)
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On behalf of the Minister for Justice and Equality, I thank the Senator for raising this matter. As he will appreciate, under the provisions of the Courts Service Act 1998, management of courts is the responsibility of the service and the Minister has no role in the matter. This was my experience of Ballymoe courthouse in the previous Administration, and was there since 1804. It was closed down as well. It was on the list, and was there for nearly 200 years. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which, of course, include the provision, maintenance and management of court buildings.

However, the Minister has had inquiries made with the Courts Service and is informed that in the current financial climate the Courts Service has been reviewing all aspects of its organisational and operational structures throughout the country with the specific objective of ensuring that the service can continue to maintain the delivery of front-line court services and an appropriate level of service to court users. The Minister understands that no court venue has been singled out or, indeed, exempted from the review process.

A comprehensive review of venues has recently been completed, the purpose of which was to establish a general framework within which venues could be considered for closure taking into account a range of criteria such as caseload, proximity to an alternative venue, physical condition of the building, availability of holding cell facilities, etc. The likely impact on other departmental agencies, such as An Garda Síochána and the Irish Prison Service, is also taken into account. The Minister is informed that the review identified a range of venues nationwide which, based on the criteria applied, could be considered for closure subject to a detailed assessment and the preparation of a business case in respect of each identified venue.

It is worth noting that since its establishment in 1999, the Courts Service has amalgamated over 150 venues while benefiting from a substantial capital investment to upgrade larger courthouses. The policy has been successful resulting in a more efficient use of time for the Judiciary, court users and gardaí. Rather than short sittings in the smaller venues, a full day's list can be dealt with which leads to reductions in delays in the District Court.

The Courts Service has indicated that its priority is to provide the best possible facilities for all court users, including Judiciary and Courts Service staff, bearing in mind the health and safety of users as well as their need for privacy and dignity in their proceedings. The Senator has inquired about Kells courthouse and the service has informed the Minister that it has been identified as a venue which should be considered for closure subject to a detailed assessment and the preparation of a business case as mentioned. The standard courthouse requirements includes basic facilities such as consultation rooms, victim support facilities and holding cells for prisoners which are essential to ensure public safety and efficient use of Irish Prison Service resources.

It should be noted that the Courts Service has advised that the identification of venues as part of the review process does not conclusively mean that the identified venues will close and I can confirm that the Courts Service board will take no decision on the future of Kells courthouse without full prior consultation with local interested parties and court users. The Minister is informed that the consultation process in respect of Kells courthouse has not yet begun.

However, the service assures the Minister that the views expressed in that process will be taken into account in the decision-making process in due course. As I have said, the final decision in this matter will be a matter for the Courts Service board.

On behalf of the Minister for Justice and Equality, I thank the Senator for raising the matter and the Minister appreciates his interest in the administration of justice in County Meath. I know the Senator will understand the need for the Courts Service to take the measures necessary to promote greater efficiency in the courts and I hope the constructive engagement involving the Courts Service will result in reasoned and appropriate decisions being made on the venues.

Thomas Byrne (Fianna Fail)
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Is oth liom go bhfuil an méid sin á rá ag an Aire Stáit. Ba mhaith liom cuid dá ráitis a lua. I want to specify part of the Minister of State's speech, where he said, "the identification of venues as part of the review process does not conclusively mean that the identified venues will close". This is reminiscent of the 35 health centres which I raised in relation to Kells. In that case the small print said inclusion on the list of 35 did not necessarily mean a health centre would actually be built. When I raised the question of the Kells health centre in the Seanad it became clear that there is little or no plan to build a health centre in Kells, despite that fact that it is on a list for progression.

I take a similar approach. I must assume that the fact Kells courthouse is on the list means the Government is washing its hands of the matter and passing it over to the Courts Service. When the Minister of State was in opposition he did not accept Ministers washing their hands of decisions and passing them over to State boards for final decision.

I am holding the Government to account and ask it to reconsider. Kells is a large market town covering a big district. The courthouse provides an economic benefit to the town. The Minister can close down all the courthouses he likes but it goes against the Government's jobs strategy. It will take people away from towns because there will be less reason to visit them. Kells does not have a new school, its health care centre has been cancelled and the town council is to be abolished. There will be nothing left.

Paul Bradford (Fine Gael)
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Does the Senator have a question?

Thomas Byrne (Fianna Fail)
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I ask the Government to stop downgrading the town of Kells, County Meath.

John Perry (Sligo-North Leitrim, Fine Gael)
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I remind the Senator of the legacy the Government was handed. The country is, regrettably, in the hands of the troika and we have no funding. It is all about value for money. The Government must make decisive choices.

I advise the Senator to engage with the consultation process in Kells. No definitive decision has been taken on the closure of Kells courthouse. It is all about engagement and the requirement of the State.

The Courts Service is a separate identity from the Government. In good times, the previous Government closed down courthouses, even when it had money.

Thomas Byrne (Fianna Fail)
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Not in large towns.

John Perry (Sligo-North Leitrim, Fine Gael)
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Yes, I know that for certain. In the good times when the country was awash with money and the Government had no reason to close anything down it closed courthouses.

This matter is in the effective management of the Courts Service. I advise the Senator to engage with the community, the borough council and the Garda Síochána and put a case to the Courts Service as to why the courthouse should remain open. I fully appreciate where the Senator is coming from.