asked the Minister for Justice if he gave a statutory direction to Dublin County Council pursuant to section 3 (i) of the Courthouses (Provisions and Maintenance) Act, 1935, requiring Dublin County Council to provide and maintain a courthouse in Tallaght for and in relation to sittings of the District Court; if so, if he will make a statement on the progress which has been made by Dublin County Council in complying with the statutory direction given; and the progress which has been made in the matter since the direction was given in 1978.
Ceisteanna—Questions. Oral Answers. - Tallaght Courthouse.
2.
A ministerial direction was issued to Dublin County Council on 12 July 1978, pursuant to section 3 (i) of the Courthouses (Provisions and Maintenance) Act, 1935 to provide and maintain a courthouse in Tallaght for and in relation to sittings of the District Court.
The direction was issued at the special request of Dublin County Council to give them the legal authority they considered they needed to enable them reserve a site for a courthouse in the proposed town centre. It was not envisaged at the time that the provision of a courthouse should automatically follow on the issue of the direction and since then no official action has been taken to enforce the directive.
As explained to the Deputy in reply to his previous questions on the matter on 23 October 1985 and 29 January last, the District Court business from the Tallaght area is handled by Rathfarnham district court. The court disposes of all its business in two days per week and I am satisfied, therefore, that Rathfarnham district court is adequate to cater for Tallaght business for the immediate future. In the circumstances, and particularly in these times of financial stringency, I am not prepared to put any pressure on Dublin County Council to provide costly and, in my view, unnecessary accommodation.
If, nevertheless, the council themselves decide to go ahead with the provision of a courthouse in Tallaght I shall certainly consider whatever proposals they make. I must emphasise, however, that by law local authorities are responsible for the full cost of providing court accommodation in their functional areas. There is no State contribution of any kind available for such projects.
Would the Minister regard it as somewhat strange, that eight years ago his office directed — and I presume a direction means what it says — the county council to provide a courthouse in Tallaght when the population there was considerably less than it is now? Will the Minister comment on that having regard to the fact that the population of Tallaght is now 100,000 people, that virtually the entire work transacted in Rathfarnham district court is Tallaght business and that there is no transportation link by public transport between Tallaght and Rathfarnham? Will the Minister accept that this presents a serious difficulty to people who do not have cars and who have to go to the courthouse all the way from Tallaght, using two buses to get there, and having to involve themselves in a considerable and unnecessary expenditure of time and effort? Surely in this day and age 100,000 people merit a courthouse in their own town?
As pointed out, the direction given in July of 1978 was issued at the special request of Dublin County Council so that they would have the legal authority to reserve a site for a courthouse in the proposed town centre. Those were the circumstances in which the direction was issued. As to the second matter raised, I already pointed out that all of the business done in Rathfarnham district court is done in two sitting days per week. The Deputy's third point touches on the wishes of the local authority. The provision and maintenance of court accommodation is a matter for the local authority.
Surely it cannot all be a matter for the local authority? The Minister has at least a very important, if not a crucial function, in this because the Courthouses (Provision and Maintenance) Act, 1935, gives power to the Minister to issue a direction to a local authority to provide a courthouse. The Minister's predecessor in 1978 gave such a direction. Whatever may have been the background to it, there is no doubt but that the Minister gave a direction.
We should not have speeches.
Consequently would the Minister not agree that it is not appropriate for him to say that it is purely a matter for the local authority, because the Oireachtas gave power to the Minister to give directions to the local authority, and the Minister did that? Does it not seem strange——
The Deputy is making a speech and we will never get through questions if we do not give that up.
It does not seem strange, because I have explained the circumstances in which the direction was issued. It was at the express request of the local authority who needed a direction in order to have the legal power to reserve space in what was then a building that was foreseen to be for some time in the future. It is not at all evading my responsibilities to recall the fact that the provision and maintenance of courthouses is a matter for the local authority.
Question No. 3.
I have one brief supplementary. The Minister said in his reply that in his view this would be unnecessary. Will the Minister recognise that District Courts were meant to be in local districts and consequently were intended to cater for people locally? With the growth of Dublin there is a need to review the position at least in that respect along the lines suggested by the chambers of commerce in Howth, Tallaght and presumably in other areas.
The Deputy is correct in quoting the view I gave a couple of moments ago. However, in the final part of my answer I said that if the council decide to go ahead with the provision of a courthouse in Tallaght I will certainly consider whatever proposals they make.