Vol. 369 No. 3
asked the Minister for Finance the date on which the Commissioners of Public Works received a direction from the Minister for Justice pursuant to section 6 subsection (1), of the Courthouses (Provision and Maintenance) Act, 1935, in connection with repairs to the courthouse in Cavan town; and the terms of such direction.
120.
asked the Minister for Finance the steps, if any, which have been taken by the Commissioners of Public Works to give effect to the direction from the Minister for Justice in connection with repairs to the courthouse in Cavan town; the plans which have been drawn up by the Commissioners; and the tenders which have been sought.
121.
asked the Minister for Finance if he is aware that there is widespread public concern arising from the fact that neither the High Court nor Circuit Court have sat in Cavan town for nearly 4 years, that following on the collapse of the roof of Cavan courthouse the Circuit Court office and the District Court offices have had to move to temporary accommodation in different parts of the town and that the district probate registry of the High Court operating from Cavan courhouse since 1857 has had to move to temporary accommodation in the courthouse, Ballyconnell and that the local land registry operating in the courthouse since 1891 has also had to move to temporary accommodation in the courthouse, Ballyconnell; and if he will make a statement on the matter.
122.
asked the Minister for Finance if he will give an assurance that the Commissioners of Public Works will forthwith prepare the necessary plans, seek the necessary tenders and carry out the necessary works to give effect to the direction of the Minister for Justice so that the order of the High Court to the Minister for Justice may be seen by the public to be complied with as intended by the court and by the statutory provisions of section 6, subsection (1), of the Courthouses (Provisions and Maintenance) Act, 1935, in all aspects.
I propose to take Questions Nos. 119 to 122, inclusive, together. The provision and maintenance of court accommodation in Cavan is primarily the responsibility of the Cavan County Council. The Commissioners of Public Works have no funds available to them for such work.
The county council had prepared in 1983 a scheme of works at the courthouse which houses the court accommodation and the county offices. It was possible to finance the cost of the work related to court accommodation by way of loan from the local loans fund but problems were encountered in arranging finance for the county council accommodation — hence the delay in proceeding with the work.
On 31 January 1986, following consultation with the Minister for Finance, the Minister for Justice formally directed the Commissioners of Public Works to execute such repairs and do such work as may be proper to put the court accommodation at Farnham Street, Cavan into proper repair and condition. The involvement of the Commissioners in the matter arose from an order of Mandamus which had been granted in the High Court. This order dated 2 December 1985 made absolute an earlier conditional order.
On receipt of the Minister's direction the proposed scheme of works prepared by the county council was examined by the Commissioner's architect who advised that the scheme provided a practical and economic solution to the accommodation problems of the courts and the county council. The cost was regarded as fair and reasonable.
The county council indicated that if they could secure favourable funding terms they would be in favour of proceeding with the scheme directly. The Commissioners' view was that in the event of the county council being in a position to and agreeing to proceed with the whole project they, the Commissioners, would be prepared to regard the county council as their agents for carrying out the works for the purpose of complying with the Mandamus order. The Commissioners would assume a monitoring role in respect of those works. The High Court would be advised accordingly.
Negotiations regarding funding for the project between the county council, the Department of the Environment, the Department of Justice, the Department of Finance and the commissioners continued throughout 1986. On 26 September 1986 the Department of Finance, in the exceptional circumstances of the case, approved the financing of the entire project from the local loans fund. This decision has been put to and accepted by Cavan County Council and the way is now clear to proceed with consideration by the council of the tenders received by them. The commissioners are keeping in constant touch with the county council with a view to ensuring that a contract is placed as early as possible.
I am aware of the inconvenience caused by the condition of the courthouse and I am satisfied that the course of action adopted by the commissioners was the quickest and most economical way of repairing the building and thus securing compliance with the Court Order. Had they acted in any other way they could not have secured an earlier start to the work. The lead-time for a separate scheme of works to provide court accommodation only would have been at least 12 months. I am also satisfied that the works now proposed will not only meet the court's directive but will do so in an enhanced way. The end result will be the restoration to Cavan town of the functions appertaining to the High Court and the Circuit Court.
