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Seanad Adjournment Debate - Review the closure of certain courts: Speech by Minister of State Sean Sherlock, on behalf of Alan Shatter, Minister for Justice, Equality and Defence

The need for the Minister for Justice and Equality to review the closure of the courts at Kenmare, Cahersiveen, Killorglin and Dingle in County Kerry.

Senator Mark Daly

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.

However, as the Senator may be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service. 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. Decisions about court venues are entirely a matter for the Courts Service Board and the Minister has no role in the decision.

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 throughout the country 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, was 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 nearly 160 venues while, at the same time, the Service has benefited from a very substantial capital investment to upgrade court accommodation around the country. 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 County Kerry and the Courts Service has informed me that Kenmare, Cahersiveen, Killorglin and Dingle have been identified as venues to be considered for closure subject to a detailed assessment and the preparation of a business case as mentioned earlier. Standard courthouse requirements include 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.

The Senator should note 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 Kenmare, Caherciveen, Killorglin and Dingle as District Court venues without full prior consultation with local interested parties and court users. The Minister was advised that the consultation process in relation to the identified venues is underway. Submissions were sought from a range of local interests and the closing date for receipt of submissions was 25 September 2013. The Courts Service has indicated that it has met with local interested parties and the Service has assured the Minister that the views expressed in the consultation process will be taken into account in the decision making process.

As I already mentioned, the final decision in relation to the closure of any venue is a matter for the Board of the Courts Service.

I want to thank the Senator for raising the matter and I appreciate his interest in the administration of justice in County Kerry. 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.