Written answers

Tuesday, 23 September 2014

Department of Justice and Equality

Courts Service

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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307. To ask the Minister for Justice and Equality the monthly cost of running the Criminal Courts of Justice, Parkgate Street, Dublin 8; if she will provide a breakdown of these costs; and if she will make a statement on the matter. [35460/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, including the provision and maintenance of accommodation for court sittings.

The Deputy may be aware that the Criminal Courts of Justice (CCJ) is delivered on the basis of a design, construct, finance, maintain and operate public private partnership contract between the Courts Service and a Public Private Partnership Company (PPPCo).

The Courts Service pays the PPPCo a single unitary charge payment each month over a twenty five year period covering the costs of the building including the capital outlay in designing, financing and constructing the building and in providing a range of services to maintain/operate the building such as cleaning, security, facilities management and building maintenance. Following an extensive procurement exercise, the Courts Service entered into a contract with the PPPCo in October 2007. The CCJ was handed over to the Courts Service ahead of schedule in November 2009 and was fully operational at the start of January 2010.

Under the terms of the contract, the PPPCo is obliged to provide the facilities and the services in the Criminal Courts of Justice to a required standard and in accordance with a performance regime as set out in the contract. Failure to meet these standards or failure to have all or part of the Criminal Courts of Justice available for use during the course of the contract period will result in financial penalties being incurred by the PPPCo. As the Criminal Courts of Justice will be handed over to the Courts Service in an ‘as built’ condition in 2035 the contract provides that the PPPCo are responsible for the ongoing maintenance, including replacement costs for the fabric, contents and equipment in the Criminal Courts of Justice.

A single monthly unitary charge is paid to the PPPCo in respect of the above. I am informed that in 2014 the average monthly unitary charge is €1.8million (including VAT). Approximately 57% of the cost relates to the initial investment by the PPPCo in capital and construction costs and 43% relates to the provision of ongoing services. Certain additional items of expenditure are paid for on a per use basis. The most significant of these relate to jury minding which cost €470,000 in 2013.

It is worth noting that this PPP contract was dealt with in detail by the Comptroller and Auditor General in his 2008 Annual Report and was also examined by a sitting of the Public Accounts Committee of this House in July 2010.

I should also mention that, following the construction of the Criminal Courts of Justice, the Courts Service was able to cease leaseholds on various buildings in which courtrooms had been provided, including the Distillery Building, King's Inns, the old Richmond Hospital and Bow Street. In addition to the very considerable annual lease and rental costs, buildings also had to be maintained, cleaned and secured. Ongoing operational savings have also been made for other criminal justice agencies, including the Irish Prison Service and An Garda Síochána.

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