Written answers

Tuesday, 13 December 2016

Department of Justice and Equality

Courts Service Administration

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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111. To ask the Minister for Justice and Equality when she commissioned the annual study on court efficiency and sitting times benchmarked against international standards to provide accurate measurements for improving access to justice; and when it will be published. [39766/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Programme for a Partnership Government contains a commitment to commission an annual study on court efficiency and sitting times as outlined by the Deputy and my Department is currently examining options to develop the most effective approach to implementing this commitment.

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. 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.

The Supreme Court continues to make significant progress in dealing with the backlog of cases awaiting hearing with the proactive review and management of its caseload under the direction of the Chief Justice. Management of the Court of Appeal list is overseen by the President of the Court of Appeal and judges have been designated by him to actively manage both the civil and the criminal appeals list on a weekly basis to ensure cases are dealt with as efficiently as possible and delays are kept to a minimum. The establishment of the Second Special Criminal Court this year has also impacted positively on waiting times.

Waiting times in the High Court remain generally low and the President of the High Court continues to keep the waiting times under review and has introduced measures to assist in prompt disposal of cases. New measures introduced in the Bail List have had a positive impact on hearings with almost all matters now heard on the first day listed or the following day resulting in improved case conclusion times as well as in significant efficiencies for the Irish Prison Service. Waiting times in the Central Criminal Court have also been significantly reduced following the introduction by the President of a fifth sitting of the court.

Sittings of Circuit and District Courts are being held as scheduled and waiting times are kept under ongoing review in consultation with the Presidents of the courts to ensure waiting times are kept to a minimum. Earlier this year arrangements were 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 increased from five to eight the available courtrooms in Dublin to hear family law matters in the District Court. 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.

As the Deputy will also be aware, a Family Law and Children Court complex is being developed which will include a new Supreme Court facility and accommodation for court offices. The project will allow for the much needed replacement of facilities currently in Dolphin House, Phoenix House, Áras Uí Dhálaigh and the Children Court in a single location with custom-built facilities and will also provide appropriate accommodation for the Supreme Court.

I also intend to bring forward legislative proposals during 2017, in the form of a Civil Law and Courts (Miscellaneous Provisions) Bill, which among other things will make provision for electronic case filing in the courts.

Finally, a Criminal Procedure Bill is currently being drafted by the Office of the Parliamentary Counsel. The primary aim of the Bill is to reduce delays and increase efficiency and fairness in the criminal trial process. The Bill will in particular provide for new Preliminary Trial Hearings to allow for procedural arguments which arise during trials at present to be dealt with before a jury is empanelled, thereby saving time and allowing juries to focus on the facts of the case. My officials are working closely with the Office of the Parliamentary Counsel to progress the Bill.

Against the overall backdrop of these and other developments, and bearing in mind the considerable number of legislative priorities already in train, including many relating to the courts, I intend in the new year to revisit the particular Programme for Government commitment referred to by the Deputy with a view to identifying a process for delivering on that item in 2017.

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