Dáil Éireann debate -
Tuesday, 9 Mar 1999

Vol. 501 No. 6

Adjournment Debate. - Court Sittings.

Mr. McGinley

It has been over two years since the four District Courts at Dunfanaghy, Falcarragh, Bunbeg and Dungloe were abolished. Since then, District Court business for these areas has been carried out in Letterkenny and Glenties, to the great inconvenience of both practitioners and litigants alike. There is now only one District Court in the western seaboard of County Donegal, in Glenties. Legal services in this area are effectively marginalised. A population of some 15,000 people have to travel between 30 and 40 miles to avail of the services of a District Court.

Since the foundation of the State and before, there has always been a District Court in Bunbeg, the heart of the Donegal gaeltacht. The decision in January 1997 to abolish the court at Bunbeg means that residents of Gweedore, with District Court business, are obliged to travel to Glenties, which is a distance in excess of 30 miles over one of the most difficult roads in the county. Public transport between Gweedore and Glenties is almost non-existent. This makes it inconvenient and more expensive for people to travel. As a result, legal costs have risen, as more time is spent travelling to various courts at which cases are heard.

The same is true of Dungloe and Rosses. The long established District Court in Dungloe was closed in January 1997 and never reopened. The people of these areas have to travel and are subject to the same inconvenience and expense. The situation in Falcarragh and Dunfanaghy is just as critical. Both these courts were closed in January 1997 and people now have to travel to Letterkenny which is over 30 miles from Falcarragh and 23 miles from Dunfanaghy. At least one of these courts should be immediately reopened.

To put the matter in a national context, how would litigants in Dublin accept having to travel to Dundalk, Kildare or Navan to appear at District Court or how would people in these areas accept having to travel to Dublin? The Minister, in addition to representing a rural constituency, is a legal practitioner of wide experience. Would it be acceptable in Kerry for people to travel to Limerick, or from Tralee to Killarney, for a District Court hearing?

The District Court situation in west Donegal would not be tolerated or accepted in any other part of the country, particularly on the east coast. A whole region has been marginalised as far as access to the District Courts is concerned. After two years, I ask the Minister to restore these essential court services in west Donegal, in Bunbeg, Falcarragh, Dungloe and Dunfanaghy. A long tradition has been broken and I ask the Minister to have these facilities re-established as soon as possible.

Is mór an náire é, cé go bhfuil ceann de na Gaeltachtaí is mó sa tír i dTír Chonaill, nach bhfuil cúirt cheantair nó dúiche suite ann faoi láthair. Ba mhaith liom go dtabharfadh an tAire aire speisialta do sin.

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I am very aware of the ongoing difficulties arising from the absence of District Court sittings at Dunfanaghy, Falcarragh, Bunbeg and Dungloe. As Deputies will be aware, the need to rearrange certain District Court areas arose following queries raised in the District Court in Milford, County Donegal by a solicitor concerning planning requirements for the use of rented accommodation for sittings of the District Court and the decision of the District Court judge that Court sittings could not be held in such places without specific planning approval.

As a precautionary measure my Department arranged for the transfer of all sittings in rented accommodation in Donegal to the nearest dedicated courthouse. At the time the Donegal County Council submitted the issue of whether planning permission was required in respect of the use of the function room in the Milford Hotel to An Bord Pleanála for a ruling. An Bord Pleanála ruled that planning permission was not required as use of the function room was exempted development under planning legislation.

Last year I met a deputation from Donegal which was anxious to have reinstated the courts which were closed in County Donegal. I undertook at the time to reopen the court venues as quickly as possible. Ballyshannon Court has been reinstated following consultation with the District Court judge. My officials have been in ongoing contact with Donegal County Council and the District Court judge with a view to acquiring suitable court accommodation in the areas which were closed pending the necessary reinstatement of the District Court areas concerned.

On 16 February this year officials from the Department met Donegal County Council and the District Court judge. I understand from that meeting that attention was given to progressing the reopening of District Court venues in west Donegal. Nevertheless, there are difficulties in finding suitable premises in some localities which meet even minimal standards appropriate for a court venue.

However, I recognise the hardship on the public in having to travel longer distances to court and have asked my officials in conjunction with the District Court judge and Donegal County Council to expedite the reopening of as many as possible of the venues which were closed.

Officials of my Department again met with the District Court judge last Friday and I hope some of the court venues in west Donegal can be re-opened as a result. I am also conscious that a number of cases would be heard in Irish in Bunbeg and am anxious to have this District Court area reinstated for this reason. Tá an ceart ag an Teachta; tá sé thar a bheith tábhachtach go mbeadh Cúirt Dúiche san nGaeltacht Tír Chonaill, agus táim ag déanamh mo dhícheall chun an chúirt san a chur ar fáil.

The Deputy will be aware that the venues which were closed were rented by Donegal County Council. The courts sit in these venues approximately one day per month. The facilities provided in these venues do not always equate with the requirements of a court, particularly in the area of hearing family law business, which is a sensitive matter. These premises are privately owned and my Department cannot allocate funding to improve facilities in these venues, for obvious reasons. In any event, the funding available to my Department is directed towards the refurbishment of dedicated Courthouses throughout the country. I am sure the Deputy will agree that a significant amount of work has been done to upgrade court accommodation throughout the country in recent years. I have provided £8.5 million this year in capital funding for the courts building programme and a further £6.5 million for maintenance and upkeep of court buildings. This is the highest figure provided to date for the refurbishment of court accommodation. It is hoped to commence work shortly on the refurbishment of Buncrana Courthouse.

The Deputy may be assured that I am anxious to reinstate the venues in County Donegal. However, I must take into account the views of the sitting judge and the need to provide accommodation appropriate to the functions of the courts. I expect that there will be some developments in respect of the venues referred to by the Deputy in the near future, and I will keep him informed of developments. With regard to whether people in Kerry would appreciate travelling from Killarney to Tralee or vice versa, the analogy I offer the Deputy is that whenever our senior football team wins in either venue, we are happy to travel.