David Cullinane (Sinn Fein)
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I propose to share time with Senator Cummins. The redevelopment of the courthouse in Waterford city is long overdue and the provision of extra courtrooms is to be welcomed. I am concerned that the aforementioned works may lead to a loss of court services in Waterford city. Any loss, whether short-term, medium-term or long-term, would be a disaster for Waterford city. I will not mince my words. It would be an intolerable loss of status for Waterford city as a regional gateway under the national spatial strategy. We cannot allow it to happen.

It is estimated the redevelopment will cost between €15 million and €20 million and that the construction period will be up to two and a half years. Alternative accommodation must be found, which I accept in the context of redeveloping the courthouse. At this point, the Office of Public Works, OPW, is only looking at one replacement courtroom, which is what is being sought. That is the problem. If this is the case, the city of Waterford could lose both Circuit Court and High Court sittings. The District Court already sits five days a week and only one court can sit in a room at any one time. As matters stand, the courts and the people who attend them, including the members of the legal profession, their backup teams, civil servants, gardaí and members of the public, bring essential and much-needed revenue into the city.

Through no fault of its own, Waterford city has a problem with high unemployment. Any loss to Waterford city, even if it is short-term, would be a disaster and is something we must make provision against. I ask the Minister of State why the OPW is not trying to rent an entire building. It would make perfect sense, as we could continue to have all sittings of all courts, and the proceeds that come with that would remain in Waterford and would not be lost to elsewhere. If the courts are moved to another location outside Waterford, the OPW will still have to pay rent for a suitable space, but we are not taking into account the loss to Waterford city in terms of jobs, revenue and morale. Any savings made will be wiped out. These are genuine concerns brought to my attention by solicitors, members of the legal profession, An Taisce and a number of other organisations. I welcome the opportunity the Minister of State has to update the House on the issue.

Maurice Cummins (Fine Gael)
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This is a timely debate. I received an e-mail from a friend of mine suggesting that if court services go to Kilkenny, Waterford will lose the courts into the future. Members employed in the Courts Service have made such suggestions even though people in the Courts Service also said there was no prospect of the extension going ahead. There will be a €31 million investment in the Courts Service. We should embrace the good news and welcome the €31 million investment. I share the concerns of Senator Cullinane with regard to replacement courthouses while the new structure is being built. It is essential that Waterford retain services in the short period of one and a half years. The suggestion I have heard that the courts will never come back to Waterford if replacements are not found is scaremongering. I am not suggesting Senator Cullinane is doing so, but those concerns are unfounded.

I do not know whether the Courts Service falls within the Department of the Minister of State, but railings have been knocked down in front of the courthouse for over a year. We are trying to have them repaired and the Courts Service has been putting it off for a long time. We are celebrating 1,100 years in Waterford next year and we hope to have the railings repaired by the Courts Service or the OPW so that we can celebrate our 1,100 years and embrace the changes, including the €31 million investment in the courthouse and the €10 million or €15 million to be spent on the building housing the fire service, which the courthouse will take in. The fire service is being moved to the Ballybeg area, which is in urgent need of investment. We should embrace the €50 million investment in Waterford and celebrate it, expecting that these services will be maintained in Waterford while awaiting the completion of construction.

Dinny McGinley (Donegal South West, Fine Gael)
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On behalf of the Minister for Justice and Equality, Deputy Alan Shatter, I thank the Senators for raising the matter. I appreciate the interest in Waterford Courthouse and in the matter of its relocation pending redevelopment. I am informed that this is an issue which has been raised previously in representations made to the Department of Justice and Equality by the Leader of the House, Senator Cummins. However, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service. The 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 - and the Minister, Deputy Shatter, has no role in the matter.

However, inquiries have been made and the Courts Service informs me it is aware of the importance of maintaining court sittings in Waterford during the period of construction for the refurbishment and extension of the city's courthouse. At present, Waterford Courthouse hosts sittings of the District Court, the Circuit Court and, on occasion, the High Court, including the Central Criminal Court. I am informed that the planned development will see major enhancement of court facilities in the city, with the number of courtrooms increasing from the current two to a total of six, which will provide ample facilities into the future for all court sittings.

The courthouse development project is one of seven courthouse projects to be delivered by way of public private partnership under the Government's infrastructure stimulus package.

The procurement for these projects is being undertaken by the National Development Finance Agency and the procurement process will begin in the near future. It is expected that construction work will commence by mid-2015 with the project being completed and the courthouse becoming operational during 2016 or early 2017. As the Senator recognises, temporary courtroom and office accommodation will be required for the construction period as the courthouse will have to be vacated.

I am informed that the Courts Service, with the assistance of the Office of Public Works, is currently looking at possible locations for temporary court and office facilities for the duration of the construction period. It is doing so within the limits of the budget available to it. The Courts Service, in common with all other public service organisations, has been operating in a very difficult and challenging economic environment. A major factor which must be considered is the potential cost of providing such temporary facilities.

The Courts Service has indicated that it is not clear at this point the extent of the temporary facilities which will be available during the construction period. I mentioned that there are currently two courtrooms in Waterford Courthouse. While it would be desirable that a temporary facility would also provide two courtrooms, factors such as the resources available and the affordability of a temporary location will have to be taken into account.

The Courts Service is considering whether any existing public facilities in the area could be used for court purposes and I am informed that there have been discussions with the local authorities in this regard. They are also exploring potential commercial facilities that could be used. However, it will not be possible to indicate what arrangements will be in place for any court sittings until the accommodation has been sourced.

There is a possibility that the fitting out of temporary courtrooms could potentially represent a significant cost element. If any existing facilities were available to be used which would not require significant work and were available at little or no cost then, of course, this would clearly be welcome. If the Senators have particular premises in mind I would ask that they bring these to the attention of the Courts Service.

I want to thank the Senators for raising the matter and I appreciate their interest in the administration of justice in Waterford. I am sure the Senators will appreciate that, at this stage, it is not possible to say what arrangements will be in place for any particular court sittings until all options have been fully examined.

David Cullinane (Sinn Fein)
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I concur with Senator Cummins that the overall investment in the Courts Service in Waterford should be celebrated and strongly welcomed. It would make no sense for the Government to invest in increasing the courtrooms and services in Waterford from two to six, and then lose the services altogether. That is a nonsensical argument.

My argument was about the short-term potential loss of services. The Minister of State said in his response that the Courts Service is not clear at this stage as to the extent of the temporary facilities which will be available and that it would be desirable that a temporary facility would provide the two courtrooms. If we cannot find a premises that can provide two courtrooms, the District Court, the Circuit Court, the High Court and the Central Criminal Court proceedings which take place in Waterford cannot continue on a short-term basis.

It is not fair to put the responsibility back on Senators to find alternative premises. I am sure I can provide suggestions to the Minister and will do so, but it is an issue for the Courts Service and the Government. I appeal to the Minister of State to be conscious of the loss, even if it is short term. The overall package is to be welcomed, including the fire station, which is in a part of the city I represented as a city councillor, it is good that we are getting that investment at a very difficult time. However, the concern of people is about the short-term loss. They see a simple fix if we can find alternative premises that can hold two courtrooms so there is no loss of court services. I hope the Minister of State will take on board the concerns of myself and Senator Cummins and bring them to the Minister for Justice and Equality and the Courts Service.