Vol. 440 No. 2
6 Ms O'Donnell asked the Minister for Justice the plans, if any, she has to reduce the delays and backlog currently experienced in the Circuit Courts throughout the country in respect of civil cases in circumstances where the delays are likely to increase as a continuing consequence of the increased jurisdiction of £30,000 in the year 1991; and if she will make a statement on the matter.
46 Mr. Cox asked the Minister for Justice the plans, if any, she has to reduce the delays and backlog currently experienced in the Circuit Courts throughout the country in respect of civil cases in circumstances where the delays are likely to continue to increase as a consequence of the increased jurisdiction of £30,000 in the year 1991; and if she will make a statement on the matter.
I propose to take Questions Nos. 6 and 46 together.
A review of activity levels in the High and Circuit Courts to assess the impact of the altered jurisdiction of the courts under the Courts Act, 1991, has been completed in the Department of Justice. The results of this review will from the basis of proposals which the Minister will be bringing to Government in the near future with a view to eliminating arrears in the Circuit Court.
A committee has been established under the chairmanship of the President of the Circuit Court to examine and report on the numbers and boundaries of existing Circuit Courts with a view, inter alia, to preventing such arrears arising in the future.
I am glad the review of the courts has been completed and I look forward to the publication of the recommendations. Would the Minister agree that the delays experienced throughout the country are unsustainable? Urgent action is needed to allow citizens access to the justice system. Would the Minister agree that denial of access to speedy litigation is a denial of fundamental human rights, clogs up the system in terms of evidence being unavailable and undermines the justice system by causing litigants to accept small settlements so as to finalise the case? It also affects efficient trading in the State. How many extra Circuit Court judges will be appointed? At present there is a two to three year waiting time between the setting down of a case for trial and the ultimate hearing of that case.
No case can be listed for hearing until a notice of trial is lodged and that is usually a matter for the parties concerned. Even when a notice of trial is lodged it can be subject to requests from either side for adjournment. I agree that delays occur which cause difficulty, but all the resources available to us will be used to ensure an efficient and effective delivery of the service. I am confident that the proposals the Minister will take to Government in the near future will alleviate the problem to a considerable degree. The extent of the delays varies from one part of the country to another. The problem is not as bad in some areas as in others. The proposals the Minister will take to Cabinet will be designed to alleviate this problem. The President of the Circuit Court has agreed to chair a committee which will look at the number of Circuit Courts and the areas they cover. This will form an essential part of the process to eliminate delays.
I know that the length of the delay can vary in different areas. For example, in Cork 3,800 cases are awaiting trial and there is a delay of approximately three years; in Galway the delay is two to three years and in Sligo it is three years. These are mainly personal injury cases. In Waterford the list is dominated by criminal cases and there is a two year delay from the setting down of an action to——
I wish to facilitate the Deputy in eliciting information but she would seem to be imparting information rather than seeking it.
I have a further question, if you will bear with me, a Cheann Comhairle. Will the Minister agree that the Circuit Court system needs to be made more efficient and that the only way to do this is to appoint a chief executive who will oversee the administration of the system and be accountable for its efficiency? Will she agree that the appointment of five additional court judges would substantially alleviate the present problems, give judges more flexibility to deal with the backlog and prevent future backlogs? I should like to hear the Minister's response on the necessity for judges.
The Deputy has had some latitude in putting her question.
The Minister did not respond to my first question about the appointment of judges and the need for gender balance.
Let us hear the Minister.
I am aware of the need for efficiency in the system and can assure Deputy O'Donnell that the proposals the Minister will take to Cabinet will be comprehensive and eliminate delays as far as possible. The appointment of additional Circuit Court judges will form part of the proposals which the Minister will bring to Cabinet. It is only proper that the Cabinet should consider the matter before I disclose to the House what it will consider. I am not disposed, therefore, to say the number of additional appointments the Minister will be seeking. We can depend on the Minister to make a very good case at Cabinet — she is very persuasive. I have every confidence that her proposals and the discussion at Cabinet will enable us to get on top of this problem.
