Jonathan O'Brien (Cork North Central, Sinn Fein)
Link to this: Individually | In context

Question 492: To ask the Minister for Justice and Equality his plans to improve the efficiency of the criminal courts. [3431/12]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

The management and administration of the courts, as the Deputy will be aware, is a matter for the Courts Service. The allocation of the business of the courts, scheduling of court cases and the management of court lists are matters for the judiciary and the Presidents of the courts. The Deputy will also be aware that judges are, subject to the Constitution and the law, independent in the exercise of their judicial functions. The criminal courts are exceptionally busy, dealing with over 500,000 criminal matters in 2010.

I am informed that the judiciary monitor waiting times and backlogs of court cases on an ongoing basis to ensure that delays are kept to a minimum. Where possible, additional judges are assigned by the Presidents to Circuits and to Districts to assist with the disposal of cases where backlogs have arisen. The Courts Service works with the judiciary to ensure that all cases are dealt with and disposed of as speedily as possible. The Service has been engaged in a modernisation programme including an end-to-end examination and reform of court processes and procedures to bring about efficiencies in the management of the courts and the services provided.

Notwithstanding this I intend to take action, within my area of responsibility as Minister, to seek to address particular problems as they arise. For example, in the context of a judgment from the European Court of Human Rights which found Ireland in breach of Articles 6 and 13 of the European Convention on Human Rights, last year I established an Expert Group to consider, inter alia, remedies for delay in the courts and I look forward to considering their report when it is to hand. In addition, a Working Group, which includes a judge from the Circuit court and the District court, is currently considering what measures or practices might assist in achieving efficiencies across the criminal justice agencies. That Group has been asked to report both to me as Minister and the Chief Justice in her capacity as the Chairperson of the Courts Service. In addition, as part of overall plans to improve the efficiency of the criminal courts, a criminal procedure Bill is in the early stages of preparation. The Bill will focus on reform of pre-trial processes to allow for greater efficiency in the progression of criminal cases.

An area of concern is the backlog at Supreme Court level which currently stands at 39 months. This can also impact on the progress of criminal trials as the outcomes of judicial review are awaited. The Government is committed to establishing a court of appeal and in this regard my Department is further considering the report of the Working Group on a Court of Appeal. My Department, also, is in the process of finalising the Heads of a Mediation and Conciliation Bill that will provide a more structured approach to mediation in the legal system and will assist in removing the pressure on court time and the courts.

Jonathan O'Brien (Cork North Central, Sinn Fein)
Link to this: Individually | In context

Question 493: To ask the Minister for Justice and Equality his plans to expand the range of offences that can be tried by the Circuit Court; and if he will make a statement on the matter. [3432/12]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

The Circuit Court has jurisdiction to try an extensive range of indictable offences. I have no plans to alter the scope of the criminal jurisdiction of the Circuit Court.

Jonathan O'Brien (Cork North Central, Sinn Fein)
Link to this: Individually | In context

Question 494: To ask the Minister for Justice and Equality his plans to facilitate the recording of reasons behind custodial sentences imposed by the District Court; and if he will make a statement on the matter. [3435/12]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

The Deputy will be aware that, under the provisions of the Courts Service Act 1998, the Courts Service is independent in the performance of its functions which includes management of the courts and the judiciary are independent in the exercise of their judicial functions subject only to the Constitution and the law. There is currently no requirement for the District Court to give written reasons or otherwise document reasons for its decisions. While the matter is being kept under review, I have no proposals in this respect at present.