Written answers

Tuesday, 30 May 2006

Department of Justice, Equality and Law Reform

Courts Service

8:00 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Question 488: To ask the Minister for Justice, Equality and Law Reform the reason Section 4 of the Courts and Courts Officers Act 1995, vesting the powers, jurisdiction and functions of the Court of Criminal Appeal in the Supreme Court, has not been commenced; if the prior consultation with the Chief Justice and President of the High Court envisaged by Section 1 of that Act has taken place; if so, if it took place with the current or former holders of those offices; the outcome of such consultations; if he proposes to enter into further consultation; if it is his position that this section of the Act will not be brought into operation for so long as it is opposed by the judiciary; if so, if it is proposed that the judges' position on this matter should become a matter of public record; and if he will make a statement on the matter. [20416/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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Section 4 of the Courts and Courts Officers Act 1995 provides that, upon commencement, cases currently dealt with by the Court of Criminal Appeal would be transferred to the Supreme Court. In 2003, the Working Group on the Jurisdiction of the Courts, which was chaired by Mr. Justice Fennelly, published a report which, inter alia, recommended against the abolition of the Court of Criminal Appeal. The Working Group recommended that the relevant provisions on the statute book be repealed. The Report also made recommendations to improve the continuity of membership of the Court and its modus operandi which have been implemented.

The issues concerning the most effective distribution of work across the various courts, Civil and Criminal, continue to be reviewed by the Board of the Courts Service in consultation with my Department.

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