Seanad debates

Wednesday, 30 January 2013

Adjournment Matters

Courts Service Review

2:20 pm

Photo of Kathryn ReillyKathryn Reilly (Sinn Fein)
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I welcome the Minister of State to the House. The Courts Service is embarking on a detailed evaluation of District Court locations and in County Cavan specifically, it is looking at Virginia and Ballyconnell. In the event of a decision to close either of these venues, business will be moved to Cavan town. I believe there were approximately 240 District Curt venues when the Courts Service was originally established in 1989. There have been some court closures in the past and now it seems there will be more. If the District Courts at Ballyconnell and Virginia are closed there will be a logistical expense involved in getting local gardaí from their stations to Cavan town. It will also mean that the gardaí will be away from the communities in which they are based for longer periods of time.

This was highlighted by a District Court judge. There would also be listing problems in that logistical difficulties could emerge as a result of courts operating from the one venue, which could necessitate dedicated days being reserved for particular areas. It is important that those who have to travel to courts from rural areas can do so and that they have access to justice.

It is hard to understand the rationale for the closure of Virginia courthouse. While there is a separate Garda division based in Bailieborough, a large number of big towns are being served by that catchment area. In addition, as it is on the commuter belt there has been a large influx of people into the towns of Kingscourt, Bailieborough, Ballyjamesduff, Kilnaleck and Mullagh. The courthouse was extensively renovated in 2009 and the number of cases taken there since its reopening have increased annually. I understand that in 2011 alone approximately 3,000 cases were heard. It is a busy courthouse, which is IT friendly, includes a consultation room and provides wheelchair access but does not have cells. However, neither does the courthouse in Cavan, to which the service may be relocated.

I believe there is a disconnect between the Courts Service and Minister for Justice and Equality in terms of the review and the courts proposed to be closed. The closure of these small rural courthouses, in particular Virginia courthouse, without the provision of adequate alternative services, other than relocating them to Cavan town, will be negative in terms of accessibility. Common complaints in regard to previous closures include the significant expense and difficulty travelling to the nearest court, including the cost of petrol, in particular to Ballyconnell courthouse in respect of which public transport is limited and is not aligned with court opening hours, and that individuals attending courts may have to pay for accommodation and food and take time off work. A direct consequence in some courthouses as a result is that defendants are not turning up for hearings, resulting in adjournments and the expense of further arrangements. The reduction in access to justice by way of closure of some of these District Court courthouses is not the best way to improve justice outcomes in the communities concerned. Access to courts is essentially access to justice. The vulnerable communities served by these courts need access to justice to ensure confidence in the system.

I have seen the criteria being used in terms of the review. I am concerned about the closure of the District Court in Virginia in particular.

2:30 pm

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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The Minister for Justice and Equality, Deputy Shatter, is unable to be here today and has asked me to convey his thanks to the Senator for raising the matter.

The Minister appreciates the concern of people, especially legal practitioners, in relation to closure of smaller court venues. However, 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 this decision. 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. In the current financial climate the service has been obliged to review all aspects of its organisational and operational structures throughout the country, with the specific objective of ensuring that it can continue to maintain the delivery of frontline court services and an appropriate level of service to court users. The Minister has been informed that no court venue has been singled out or indeed exempted from the review process. A comprehensive review of all 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 justice 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, at the same time, the service has benefited from a very substantial capital investment to upgrade larger county town courthouses, including in Cavan town. The policy has been very 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 Senator has inquired about courthouses in Cavan in particular. The service has stated that two venues in County Cavan, Ballyconnell and Virginia, have been identified as venues that should be considered for closure, subject to a detailed assessment and, as mentioned, the preparation of a business case. 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 also be noted that the service has advised that the identification of venues as part of the review process does not necessarily mean that the identified venues will close, as each identified venue will be subject to a rigorous examination.

I can confirm that the Courts Service board will take no decision on the future of either Ballyconnell or Virginia as District Court venues without full prior consultation with local interested parties and court users. I am informed that the consultation process in respect of both venues commenced on 7 January 2013, with a closing date for submissions on Friday, 4 February. The service has assured the Minister that the views expressed in the process will be taken into account in the decision-making process. However, as stated, the final decision in this matter will be for the Courts Service board. I thank the Senator for raising the matter. I appreciate her interest in the administration of justice in County Cavan. I know that she 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 concerned.