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Dáil Éireann debate -
Thursday, 16 Dec 1976

Vol. 295 No. 6

Ceisteanna—Questions. Oral Answers. - Judicial Appointments.

10.

asked the Minister for Justice if he will make a statement on the call by the President of the Incorporated Law Society for an adequate increase in judicial appointments to help clear the number of cases before the courts and for the reorganisation of the courts.

I have seen Press reports of the statement to which the Deputy refers. The case-volumes in the various courts are the subject of continuous review in my Department. One of the objects of this exercise is to ensure that the ratio of judges to case-volumes is maintained at an adequate level.

The recent unprecedented and rapid development of arrears in the disposal of court cases, especially in the Dublin Circuit Court, has been the subject of a special study in my Department. As a result, I have already initiated discussions with the various interests involved in the processing of court cases with a view to seeing whether certain proposals that have emerged from the study can be implemented so as to eliminate the arrears as quickly as possible.

The problem in Dublin cannot be solved quickly by simply increasing the number of judges. Additional courtroom accommodation must first be made available, and while the study revealed that more intensive utilisation of existing courtrooms in Dublin could enable more judicial time to be devoted to the disposal of the arrears in the Dublin Circuit Court, what is really needed is additional courtroom accommodation suitable for jury trials. The problem of providing such additional accommodation is far more complex than it may appear to be. It is not just simply a question of finding large rooms in which cases can be heard; it also involves the provision of essential ancillary accommodation such as retiring rooms for juries and so on. It is also desirable for the convenience of legal practitioners and, hence, for the convenience of people appearing before the courts, that such accommodation be located fairly close to the Four Courts.

The Committee on Court Accommodation, set up some time ago, have found that there is no suitable and suitably located premises available that would serve as a temporary solution to the problem. However, on the committee's recommendation, the hotel site which adjoins the Four Courts complex is in the process of being acquired and the necessary legal steps to complete the acquisition are now being taken. The purpose of acquiring this site is to erect on it an office block which will form an integral part of the Four Courts complex and will permit the redevelopment of the existing accommodation within the Four Courts so as to provide a number of additional courtrooms.

The provision of at least one additional jury courtroom for the Dublin Circuit Court cannot await the redevelopment of the hotel site. Accordingly, a lease of office accommodation close to the Four Courts is in the final stages of being negotiated and plans are well advanced for the transfer of some courts' staffs to this accommodation and the redevelopment of their present quarters as a jury court complex.

I do not know precisely what was intended by the suggestion that, apart from the excellent work done by the Committee on Court Practice and Procedure, there has been no specific investigation or inquiry into the overall organisation of the courts but it seems to me that, if the Law Society have any proposals to make in that regard, the most appropriate thing for them to do is to submit their proposals to that committee which, of course, is still in existence and to whose excellent work I join with the society in paying a well-deserved tribute.

I should like to thank the Minister for his most comprehensive reply. What worries a layman is the possibility that a person could be remanded in custody for a lengthy period just because the courts cannot reach his case. Is that the position?

It is possible but unlikely because one of the factors the court takes into account in deciding whether to grant bail is the possible length of remand. It is my understanding that if there is a likelihood of a long remand bail is given by the courts. However, it is a matter for the courts and I am not saying that what I have indicated is an absolute rule.

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