Dara Calleary (Mayo, Fianna Fail)
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Question 487: To ask the Minister for Justice and Equality the reason the District Court of Castletownbere was allowed to sit in Bantry without the necessary Statutory Instrument for more than a year until the required Statutory Instrument was put in place during December 2011; and if he will make a statement on the matter. [31656/12]

Alan Shatter (Dublin South, Fine Gael)
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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 I indicated in response to Question No 127 of 1 December 2011, the Courts Service informed me that, due to the lack of suitable premises in Castletownbere, the District court sittings were moved to Bantry, initially on a temporary basis, with effect from 1 October 2010. This action was carried out in accordance with section 27 of the Courts of Justice Act, 1953, which allows a judge to transfer any business of the District Court in which he/she has jurisdiction to another venue in his district. I am informed that this provision was applied in this case in the absence of a suitable premises in Castletownbere. As both Castletownbere and Bantry are located in the same District (No. 18), no Statutory Instrument was required to give effect to such a temporary move which was a matter for the District judge.

Due to economic conditions, the Courts Service was not in a position to provide a premises or facilities of an appropriate standard in Castletownbere and the Courts Service Board subsequently decided to amalgamate (which is a different process from the transfer referred to above) the District Court area of Castletownbere into the District Court area of Bantry. This decision was carried out under section 26 of the 1953 Act, as amended, and brought into effect as necessary by Statutory Instrument No 669 of 2011.