Written answers

Tuesday, 15 December 2020

Department of Justice and Equality

Covid-19 Pandemic

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
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454. To ask the Tánaiste and Minister for Justice and Equality the options explored in relation to the socially-distanced swearing in of juries for trials in Tralee courthouse; if any venues were examined; and if she will make a statement on the matter. [43319/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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Under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, 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 have advised me that an assessment of all courtrooms and courthouses was undertaken nationally to assess how many persons can safely attend court while ensuring social distancing and public health guidelines are observed.

The Courts Service has advised there is no capacity in the Tralee courthouse to accommodate jury trials. The capacity of the District courtroom is 15 and the Circuit courtroom is 19. A jury trial requires a courtroom that would have a capacity of at least 25 persons including the judge, registrar, solicitors, barristers, accused, alleged injured party, gardaí, family of accused and alleged injured party, members of the press and a jury of 12. The courthouse would also require a room to accommodate a socially distanced jury for deliberations. In many courthouses, courtrooms are used for this purpose.

Alternative arrangements were made to facilitate jury trials on the South Western Circuit in Limerick Courthouse Mulgrave Street, with Kerry Circuit Court sitting in Limerick from the beginning of December for 3 weeks. 23 trials were listed for hearing during that period. While jury trials have been moved to Limerick Courthouse, the sentencing hearings for cases with a guilty verdict are scheduled to take place in Tralee.

Venues where Circuit Court criminal trials cannot be run, such as Tralee, will continue to be used to transact civil and family law business as well as criminal business for the District Court in the interim.

Finally, in terms of the provision of a new Courthouse in Tralee, discussions between the Courts Service and Kerry County Council regarding the Island of Geese site have been ongoing since mid-2018 and the site, as well as other options, remain under consideration. The Courts Service would like to expedite the issue as quickly as possible, which will require the approval of the elected members of Kerry County Council. It will be a matter for the Courts Service to decide on the final location of the Tralee Courthouse.

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