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Address by the Minister for Justice, Equality and Defence Alan Shatter Publication of the Courts Service Annual Report 2012

Chief Justice, members of the Judiciary, members of the Board,

distinguished guests, ladies and gentlemen; I am pleased to be here today

to accept the Courts Service Annual Report for 2012.

I would like to take this opportunity to compliment the Chief Justice and

Chairperson of the Courts Service Board, Judge Denham, and her fellow board

members as well as the Chief Executive, Brendan Ryan, and his staff on the

service which the courts continue to provide in the current difficult

circumstances.

The Government is conscious of the value of providing for an excellent

court system and has continued to provide substantial resources to the

Service with a supplementary estimate of €5 million provided last year on

top of the original net budget of €54.1 million.   However, no area is

exempt from the financial constraints of the past few years and while

funding has been cut in common with every area within the Justice sector, I

am glad it has been possible to press ahead with some aspects of the

capital programme by way of Public Private Partnership.  As you may be

aware, the Government Infrastructure Stimulus Package announced last year

includes the development of seven county town courthouse projects in

Waterford, Wexford, Cork, Limerick, Drogheda, Letterkenny and Mullingar.

The Board has had to take unpalatable decisions to close a number of

smaller, non viable venues elsewhere in the country but the continuing

investment in the county town venues will facilitate the introduction of

more efficient work processes and prisoner transports, allowing the Service

and the other criminal justice agencies to continue to provide frontline

services with the reduced staffing levels that are essential nowadays.

I note that, following record volumes in 2010 and 2011, last year saw a

decline in the overall volume of court business.  However, the Annual

Report demonstrates clearly that, despite resource constraints, many

jurisdictions managed to increase sittings and were busier than ever

before, most notably the Supreme Court, which saw the number of appeals

lodged increase to 605 while 114 judgments were issued, an increase of 56%

over 2011.

The Supreme Court volume was clearly unsustainable and, as you are aware,

the Government has responded by providing for an increase by two in the

number of Supreme Court judges as well as pressing ahead with the

Referendum necessary to establish a Court of Appeal which will be put to

the People in the autumn.

Waiting times have been tackled in the High Court and streamlined processes

introduced to facilitate speedier throughput of cases.  I note that extra

sittings were also facilitated in the provincial circuit courts to deal

with criminal, family law and civil law business.  There were also over

1500 extra sittings of the District Court. This approach is an indication

of the dedication and flexibility with which the judiciary and Courts

Service staff are meeting the current challenges.  I consider it

appropriate to pay tribute to the Judiciary as a whole and the staff of the

Courts Service for the enthusiastic and open way in which they have

embraced change and reform – the Government is grateful for their

commitment.

The report also shows that there is much work remaining to be done.  These

issues are being addressed both by the Government, within its

responsibility, in putting in place the necessary legislative and

Constitutional framework to facilitate reforms and by the Judiciary within

its area of responsibility in the management and scheduling of cases. This

cooperation is ongoing and I am pleased to note that several

recommendations brought forward by the Working Group on Efficiencies in the

Criminal Justice System, established jointly by the Chief Justice and

myself, have already been implemented. It is this spirit of cooperation

that will allow us to continue to achieve the necessary reforms.

Indeed, the Judiciary and the Courts Service are involved in a number of

cross agency collaborative projects, not least the very successful

initiative in Dolphin House, where clients are offered an alternative to a

courts determined outcome through, in the first instance, offering

mediation information to persons who have made contact with the Courts

Service with a view to issuing proceedings in relation to access, custody

or guardianship matters. A formal mediation process is then offered to

parties willing to engage who can also avail of on-site advice from the

Legal Aid Board. The net annualised saving from the initiative comes to

over €113,000 largely from the overall savings to the courts as a

consequence of such cases being re-directed. To date there have been over

500 mediated agreements resulting from the process.  This initiative, which

is also available in Cork and Naas, together with the Efficiencies Working

Group are successful models of collaborative work in the sector and I am

glad to see the Judiciary and the Courts Service at the heart of these

projects.

Other developments are planned.  I already mentioned the Court of Appeal

and the Government will tomorrow publish the necessary Amendment Bill which

I intend to progress through the Oireachtas during the coming weeks.  This

proposal originated in the report of the Working Group on a Court of Appeal

chaired by the Chief Justice and the final text of the Amendment has been

developed by the Attorney General and my Department in consultation with

the Judiciary, to whom I am very grateful.  A very interesting and

productive conference was held on Saturday last to discuss the proposed new

structures for Family Courts and we will now take forward what has been

learned from that process. My intention is that a Referendum to establish a

new Family Court will be held in the course of 2014.

Another milestone this year in terms of reform is the establishment of the

Insolvency Service of Ireland and, clearly, the work of that organisation

will also have a significant impact on the courts system.  I know my

officials are grateful for the expert assistance of many people throughout

the Courts Service in dealing with this complex, but sadly necessary,

legislation.  The necessary measures are being put in place and the new

Specialist Judges of the Circuit Court will be sworn in next week to allow

for the efficient operation of the new insolvency options.

Again, Chief Justice, I thank you for the Report and I wish you and the

Service continued success.