Michael McGrath (Cork South Central, Fianna Fail)
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Question 127: To ask the Minister for Justice and Equality if he will confirm that the required statutory instrument is in place to allow the sitting of the Castletownbere District Court in the Bantry District Court area. [38105/11]

Alan Shatter (Dublin South, Fine Gael)
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As I indicated to the Deputy in response to Question No. 482 on 22 November 2011, under the provisions of the Courts Service Act 1998, the Courts Service is independent in the performance of its functions which includes management of court venues and designation of court areas and I have no role in the matter.

As the Deputy is aware, the Courts Service informed me that, due to the lack of suitable premises in Castletownbere, the District court sittings were moved to Bantry with effect from 1 October 2010. I was informed that the Court sat six times in 2010 dealing with only 232 matters. Unfortunately, due to current economic conditions, the Courts Service is not in a position to provide a premises or facilities of an appropriate standard in Castletownbere and a proposal about its future is due for consideration at the next meeting of the Courts Service Board. In the meantime, the sittings will continue to be held in Bantry.

The making of Statutory Instruments creating District Court districts and District Court areas is a matter for the Courts Service. I am advised that Castletownbere and Bantry were established as District Court areas under the District Court (Areas) Order, 1961 (S.I. No. 5 of 1961) and both are located in District No. 18 as set out in the District Court (Districts) Order, 2011 (S.I. No. 429 of 2011). In accordance with section 27 of the Courts of Justice Act, 1953, a judge can transfer any business of the District Court in which he has jurisdiction to, inter alia, some other place in his district which is a place appointed for the transaction of business in the District Court. I am informed that this was done in this instance in the absence of a suitable premises in Castletownbere.