Written answers

Friday, 16 September 2016

Department of Justice and Equality

Courts Service

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael)
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99. To ask the Minister for Justice and Equality if consideration will be given to the number of cases before the family courts and the waiting times for hearings in family law cases; and if further consideration will be given to recruiting and appointing additional judges to tackle these waiting times. [25045/16]

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael)
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127. To ask the Minister for Justice and Equality if consideration will be given to the provision of more judges to sit in the Dublin District Court where there can currently be as many as 22 cases listed in the family courts, Dolphin House; if further consideration will be given to the provision of more private consultation rooms for non-child care family law cases where there are currently three waiting rooms and a further waiting room shared by a men's group; and if she will address the urgent need for waiting rooms since the enactment of the Children and Family Relationships Act 2015 for children brought to court in family court buildings. [25304/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 99 and 127 together.

As the Deputy will be aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, including the provision of facilities for court users. The scheduling and hearing of court cases is a matter for the Presidents of the Courts and the presiding Judges.

However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that the assignment of judges and the distribution of the business of the District Court, including in the Dublin Metropolitan District, is a matter for the President of the District Court. The decision on the number of judges to hear family law matters in Dolphin House is a matter for the President of the District Court.

The President of the District Court, in consultation with the Courts Service, keeps the distribution of business in Dolphin House under regular review and where specific issues are identified appropriate action is taken bearing in mind any constraints imposed by the availability of judicial, administrative or structural resources. In this context, the Courts Service is making final arrangements for the relocation of the three child care hearing courts currently located in Dolphin House to the Chancery Street Courthouse in September 2016. This will increase the number of dedicated courtrooms available for the hearing of District Family Law cases to eight and will facilitate the holding of additional family courts and reduce waiting times and the number of cases listed per court per day.

The Courts Service has commenced discussions with the users of Dolphin House as to how the additional space resulting from the transfer of the three courts from Dolphin House to Chancery Street can be used for the benefit of all court users, bearing in mind the restrictions of the building and the health and safety and security needs of all who attend the building.

I am pleased that plans for a dedicated and integrated Family Law and Children’s Court building on a site at Church Street and Hammond Lane, adjacent to the Four Courts are progressing well. This will provide new family law courts for the District, Circuit and High Courts in a single location with associated facilities and it is currently envisaged that the new facility will be available by 2020.

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael)
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100. To ask the Minister for Justice and Equality if her attention has been drawn to the fact that Phoenix House Circuit Court, Dublin will no longer rule terms of settlement in judicial separation and divorce by means of a notice of motion to rule settlement terms and now requires settlements to be ruled by means of a motion for judgment in default before the County Registrar and then the court; if her attention has been drawn to the fact that this is causing delays; if it is the intention of the Courts Service to make a new rule in this regard; if so, the timeframe for same; and if she will make a statement on the matter. [25046/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will be aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that there are no resultant delays in this area. Where the pleadings are otherwise in order, both sides are represented and judgment is uncontested, a notice of motion for judgment in default can be heard in Dublin Circuit Court within three or four weeks from the date of issue (excluding vacation periods).

The Courts Service has also informed me that the manner in which the courts require applications to be prepared in advance of being dealt with by a judge are matters within the responsibility of the courts and the judiciary, who are subject only to the Constitution and the law, and are independent in the exercise of their judicial functions. It is also the case that the Court Rules Committee and not the Courts Service that has responsibility for the initiation of Rules of Court.

Photo of Josepha MadiganJosepha Madigan (Dublin Rathdown, Fine Gael)
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101. To ask the Minister for Justice and Equality if consideration has been given to examining the operating times of courts here, particularity in family law; if further consideration has been given to the courts being open and operating from 10 a.m. to 1 p.m. and from 2 p.m. to 4.45 p.m. in order to increase the number of cases processed; and if she will make a statement on the matter. [25047/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will be aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, and the scheduling and hearing of court cases is a matter for the Presidents of the Courts and the presiding Judges.

However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that the times at which court hearings take place and the length of hearing days are matters falling within the responsibility of the judiciary. Court hearing times are arranged to enable judges to prepare for the case, read the papers where appropriate in the case or cases listed before them for hearing and to complete other preparatory work associated with their lists. Judges, in individual cases, regularly arrange earlier times for commencement of hearings and extend hearings beyond the usual finishing time to facilitate parties, witnesses and legal representatives, and to ensure hearings are completed within the time allocated to them in the court's calendar.

Business is scheduled in so far as possible with a view to ensuring that the court has sufficient business for the full duration of a scheduled sitting. The Court normally has no advance notice of matters that will not proceed, matters that will proceed as expected and matters that overrun their expected duration. Inevitably, on occasions, cases listed for hearing may settle and the Court will finish early. The Court, in scheduling cases, endeavours to strike a balance between managing the expectations of parties that their cases will get listed for hearing and the realistic possibility of such occurring.

The Presidents of the Courts, in consultation with the Courts Service, keep waiting times under regular review. Where specific issues are identified additional judicial resources are targeted at the areas of greatest need. Currently final arrangements are being put into place to redistribute the work of the District Court in Dublin to allow the use of three courtrooms in Chancery Street Courthouse for District Court Family Law child care business. This will increase from five to eight the available courtrooms in Dublin to hear family law matters in the District Court. The opening of the additional courts will impact positively on current waiting times in family law in Dublin.

As the Deputy will be aware, it is my intention, subject to Government approval, to bring forward proposals in the coming months regarding a dedicated Family Court and issues relating to access to the Family Courts and optimising the use and availability of court time are likely arise for discussion in the course of discussions and consultations on those legislative proposals.

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