Written answers

Tuesday, 17 January 2017

Department of Justice and Equality

Court Procedures

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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141. To ask the Minister for Justice and Equality further to parliamentary question number 88 of 6 December 2016, if she will investigate further a case (details supplied); and if she will make a statement on the matter. [41635/16]

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, including the provision of information on the courts system, 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 enquiries made and the Courts Service has informed me that, based on the information provided, the Courts Service has no record of the Freedom of Information request referenced by the Deputy. In this regard, it should be noted that court records do not fall within the remit of the Freedom of Information Act. However, if any additional information can be provided, for example the date of the Freedom of Information request, the Courts Service will make further enquiries into the matter.

I am advised that the additional issues raised by the Deputy are not matters which the Courts Service can comment on and therefore there is no further information that can be provided in addition to the reply to the previous parliamentary question that issued on 6 December 2016.

In relation to the court case referred to by the Deputy, the position is that the courts are, subject only to the constitution and the law, independent in the exercise of their judicial functions and the conduct of or decision reached in any court case is a matter entirely for the presiding judge. The Deputy makes reference to the individual concerned not being allowed to attend a court case. The Constitution provides that justice shall be administered in public, save in such special and limited cases as may prescribed by law, and members of the public are therefore permitted access to court hearings dealt with in public in which the proceedings set out the issues at hand.

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