Joanna Tuffy (Dublin Mid West, Labour)
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Question 249: To ask the Minister for Justice, Equality and Law Reform the steps taken to implement the recommendation contained in the All-Party Committee on the Constitution ninth progress report on property rights published in 2004 to establish a special division of the High Court to deal with legal challenges to infrastructural and environmental planning; and if he will make a statement on the matter. [34035/08]

Dermot Ahern (Louth, Fianna Fail)
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As the Deputy will appreciate, the President of the High Court is responsible for the allocation of business among its judges. On application to the President, major infrastructural cases may be accorded priority. Between the institution of proceedings and the fixing of a hearing date, case management is applied to ensure that matters are put in order for hearing as quickly as possible.

I understand that, where possible, the President, subject to other judicial commitments, allocates a judge with particular expertise and experience in infrastructural and environmental planning matters to deal with such cases.

In addition, since 2004 significant steps have been taken to facilitate the work of the High Court, including the hearing of legal challenges in infrastructure and environmental planning cases. In 2004, the Government appointed 3 additional judges to the High Court following the enactment of the Civil Liability and Courts Act, 2004 and a further 4 were appointed in May 2007 following the enactment of the Courts and Court Officers (Amendment) Act, 2007.

Pending the completion of the new 22 room Criminal Court Complex due in early 2010, there is a shortage of court rooms available to the High Court in Dublin. In order to tackle waiting times in the interim, the President of the High Court has directed that High Court judges (who normally only sit outside Dublin for a limited number of cases and appeals) are to sit in a number of refurbished and enlarged Circuit Court venues throughout the State to deal with judicial review and non-jury cases. As a result, courtrooms have been freed up in Dublin, which has had a significant impact on waiting times. For example, cases of less than two days duration now have a waiting time of less than one year with cases of one day's expected duration having a waiting time of three weeks. Further reductions are expected.

I should also point out that it is open to a party to proceedings involving infrastructure to apply for their admission to the Commercial List of the High Court where the proceedings meet the criteria for admission. The introduction of this list in 2004 has greatly reduced the time in which cases on the list are disposed of. I understand that 50% of cases are concluded in less than 14 weeks, 75% are concluded in less than 25 weeks and 90% in less than 45 weeks.