Dáil Éireann debate -
Tuesday, 13 Oct 1992

Vol. 423 No. 4

Adjournment Debate. - Unavailability of District Court Judges.

Mr. Enright

I thank you, a Cheann Comhairle, for giving me this opportunity to highlight the unprecedented problems that have arisen in the District Court due to the unavailability of District Court judges through illness and because of the increase in business in our District Courts. Never before have I seen District Courts shut down in Ireland on the same scale as we have witnessed during the past few weeks.

During the past two weeks more than 1,000 cases have been either thrown out of court or adjourned because of the unavailability of judges to hear cases. While this problem is apparent right across the country the situation is especially serious in the city of Dublin. In Dublin over the past few weeks there has been total chaos in some of the District Courts, with courts being adjourned without notice to any of the parties involved in the cases. The following are a number of reasons for the problems that have arisen in our District Courts. First, there has been a major increase in family law cases, with the vast majority of these cases being heard in District Courts. Second, there has been a marked increase in the District Court jurisdiction in civil cases from £2,500 to £5,000. Third is the major increase in crime that has occurred across the country including Dublin, in the past number of years.

On Friday last in the City of Dublin a large number of defendants, members of the Garda Síochána, solicitors and barristers found when they attended courthouses in Smithfield, Dolphin House and Morgan Place that notices had been pinned on the doors by the District Court clerk stating that the cases had been adjourned — Court No. 3 in Morgan Place was closed for the second day in a row. Even with a full complement of judges the Dublin courts are short two judges. The position has been aggravated because of illness of judges and there is now a crisis.

Under the 1948 District Court rules, in the absence of a District Court judge to hear a case the district court clerk has authority to pin a note to the courthouse door stating that the court has been adjourned. As far as I am aware, these adjournments have never been contested by any of the defendants. It is highly probable that in the event of such an adjourned case being contested by the defendant the hearing would be ruled by a High Court judge to be invalid because it was adjourned by the District Court clerk.

In the final analysis responsibility for this problem rests on the shoulders of the Minister for Justice. It is an abuse of the legal system to treat litigants in such a cavalier and shabby fashion. People who are charged with offences have to take time off from work and mothers with young families have to make arrangements to attend hearings. A considerable amount of taxpayers' money is wasted in having members of the Garda Síochána attend courts only to discover they have been adjourned without adequate or proper notice. I can well understand and appreciate the annoyance and frustration of members of the Garda Síochána who have diligently prepared cases, having carried out all the necessary research and formalities and served summonses on defendants, to find on attending court that they have been adjourned without any notice whatsoever.

With the rapid increase in family law cases the Minister should consider establishing special family law courts in every county for the hearing of such cases. This is one area where specialised training is essential. Any new district court judges appointed should receive special training in this area. Similarly, probation officers should also receive similar special training. With skilled district court judges and probation officers many marriages could be saved.

It is essential that the Minister study the existing problems in the light of the present crisis. The full complement of judges should be immediately appointed as well as a number of additional judges to help clear up the backlog. This problem is not unique to the District Court. Some years ago there was a backlog of two years in High Court cases. Under the prudent management of the President of the High Court the waiting list was reduced to six months. However, due to the absence of Judge Hamilton who is presiding over the beef tribunal, the waiting time in Dublin has again reached two years. I understand there is a backlog of three to four years in High Court cases in Cork. It is essential that the Minister ensure that the problems in our district courts are resolved. There is a crisis at present and it must be tackled. I ask the Minister to treat the matter with the urgency and attention it deserves.

Mr. O'Dea

Deputy Enright made an interesting suggestion to the effect that adjourned hearings would be deemed by a High Court judge to be invalid — I presume he meant on constitutional grounds. However, Deputy Enright quoted no legal basis for his argument. Perhaps he did not have the time but in the absence of that I cannot deal seriously with the matter. I would first make the point that the prompt and efficient discharge of the business of the District Court is a matter for the President of the District Court. The sole involvement of the Minister for Justice is to authorise temporary assignments of judges after consultation with the president.

The present difficulty arises primarily from the fact that an unusually high number of district court judges have been on sick leave. Accordingly, the president has had his difficulties in allocating judges to ensure coverage of all sittings. This has resulted in the cancellation of a number of scheduled sittings in Dublin and in provincial venues. My information is that where possible advance notice that the proceedings were adjourned was given to defendants, solicitors and others who were due to appear in court so that no unnecessary inconvenience would be caused to them. I accept Deputy Enright's point that everybody did not receive notice but I assure him that every effort was made to ensure that people received notice. I reassure the Deputy that the business of the cancelled courts will be heard at the adjourned hearings and, save for some minor road traffic prosecutions in the Dublin Metropolitan courts, proceedings have not been struck out or dismissed. The present circumstances are exceptional, and it is expected that sittings of the court will be back to normal very shortly.

The Deputy will appreciate that the illness of a judge is something that cannot be foreseen and while every effort is made to ensure that court sittings will continue no system can be set up that will cope with every possible eventuality. Deputy Enright has also rightly pointed out that there are two vacancies on the Bench. That statement is out of date and he will be delighted to hear that these two vacancies are now in the course of being filled as a result of decisions taken by the Government today.