Brendan Griffin (Kerry, Fine Gael)
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264. To ask the Tánaiste and Minister for Justice and Equality if compensation is available for persons who incur expenses (details supplied) in cases in which a court case is cancelled at the last minute through no fault of their own; and if he will make a statement on the matter. [46661/18]

Charles Flanagan (Laois, Fine Gael)
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As the Deputy will be 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. Furthermore, the scheduling of court cases and the allocation of court business is a matter for the Presidents of the Courts and the presiding judges who are, under the Constitution, independent in the exercise of their judicial functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the legal costs and allowable expenses of litigants in courts, including, depending on the circumstances, costs and expenses of scheduled hearings which may not have proceeded, are generally awarded at the end of Court proceedings.

The Courts service has advised that costs and expenses are awardable at the discretion of the Court, but generally are awarded to the successful litigant. If a litigant is legally aided their legal expenses would generally be covered by Legal Aid.

Under the Criminal Legal Aid Scheme, a solicitor can engage an expert witness to assist in matters associated with the defence of their client. Where an expert witness has incurred expenses for a cancelled court date and makes a claim, the claim is assessed by my Department, and the claim is paid where warranted. Under the Criminal Legal Aid Scheme there is no entitlement for barristers to claim travel and subsistence expenses.