CHECK AGAINST DELIVERY

Seanad Adjournment Debate

30 January 2013

The need for the Minister for Justice, Equality and Defence to discuss the ongoing review by the courts service of District Courts; the potential closure of courts in Cavan; the timeframe of the review; and when a decision will be made on potential closures.  
Senator Kathryn Reilly
     
Response by Minister Kathleen Lynch on behalf of Alan Shatter, TD, The Minister for Justice, Equality and Defence

The Minister for Justice, Equality and Defence, Mr Alan Shatter, T.D., is unable to be here to day and has asked me to convey his thanks to the Senator for raising the matter. The Minister appreciates the concern of people, especially legal practitioners in relation to closure of smaller court venues.

However, under the provisions of the Courts Service Act 1998, management of courts is the responsibility of the Service and the Minister has no role in this decision.  The 1998 Act provides that the Courts Service is independent in the performance of its functions, which, of course, include the provision, maintenance and management of court buildings.

In the current financial climate the Service has been obliged to review all aspects of its organisational and operational structures throughout the country with the specific objective of ensuring that it can continue to maintain the delivery of front line court services and an appropriate level of service to court users.  The Minister has been informed that no court venue has been singled out or indeed exempted from the review process.

A comprehensive review of all venues has recently been completed, the purpose of which was to establish a general framework within which venues could be considered for closure taking into account a range of criteria such as caseload, proximity to an alternative venue, physical condition of the building, availability of holding cell facilities etc.  The likely impact on other Justice agencies, such as An Garda Síochána and the Irish Prison Service, is also taken into account.  The Minister is informed that the review identified a range of venues nationwide, which based on the criteria applied, could be considered for closure subject to a detailed assessment and the preparation of a business case in respect of each identified venue.

It is worth noting that, since its establishment in 1999, the Courts Service has amalgamated over 150 venues while, at the same time, the Service has benefited from a very substantial capital investment to upgrade larger county town courthouses, including in Cavan town.  The policy has been very successful resulting in a more efficient use of time for the judiciary, court users and Gardaí.  Rather than short sittings in the smaller venues, a full day’s list can be dealt with which leads to reductions in delays in the District Court. 

The Senator has enquired, in particular, about courthouses in Cavan and the Service has stated that two venues in County Cavan, Ballyconnell and Virginia, have been identified as venues that should be considered for closure subject to a detailed assessment and the preparation of a business case as mentioned earlier.  The standard courthouse requirements includes basic facilities such as consultation rooms, victim support facilities and holding cells for prisoners which are essential to ensure public safety and efficient use of Irish Prison Service resources. 

It should also be noted that the Service has advised that the identification of venues as part of the review process does not necessarily mean that the identified venues will close, as each identified venue will be subject to a rigorous examination. I can confirm that the Courts Service Board will take no decision on the future of either Ballyconnell or Virginia as District Court venues without full prior consultation with local interested parties and court users.  I am informed that the consultation process in respect of both venues commenced on 7 January 2013 with a closing date for submissions of Monday 4 February.  The Service has assured me that the views expressed in the process will be taken into account in the decision making process.  However, as I have said, the final decision in this matter will be for the Courts Service Board. 

I want to thank the Senator for raising the matter and I appreciate her interest in the administration of justice in County Cavan.  I know that the Senator will understand the need for the Courts Service to take the measures necessary to promote greater efficiency in the courts, and I hope the constructive engagement involving the Courts Service will result in reasoned and appropriate decisions being made on the venues concerned.

Concluding Statement

All the issues mentioned by the Senator were raised by the Minister some time ago in an official meeting with representatives of the Courts Service. The Courts Service operates independently and makes independent decisions, but the Minister is entitled to meet its management team. It is not a matter for the Minister to determine which courthouses should remain open, but those decisions will be made.
The Minister has emphasised to the Courts Service that it is important that in making these assessments, the totality of the cost implications are taken into account. The issue should not be viewed simply from the perspective of the Courts Service budget or Estimate. It is vital there is joined up thinking and synergy in what is going on, especially when dealing with stakeholders. The Courts Service must engage with the judiciary, courts staff, legal practitioners and other court users.

As I understand it from the Courts Service, Ballyconnell and Virginia courthouses have been identified as venues which should be considered for closure subject to a detailed assessment and the preparation of a business case, and it is not a given that the courthouses will close. There is, nevertheless, an inevitability that there will be further closures to bring about consolidation and to use public resources more effectively. We must also bring efficiencies to the manner in which the courts operate.

I might also mention that in November 2011, the Chief Justice and the Minister established a Working Group to Identify and Report on Efficiency Measures in the Criminal Justice System in respect of the Circuit and District Courts.  The Working Group, as part of its remit, has reviewed certain aspects of the organisation of court venues with a view to achieving savings and efficiencies.  These are important matters as the taxpayer must be assured that the investment in court facilities is utilised in the best possible way and that the scope for savings and more efficient use of state agencies resources, where they interact with the courts, is maximised.  That Working Group, whose work is ongoing, reported to the Minister in November 2012 setting out practical proposals for greater efficiency. 

ENDS