Written Answers. - Courts Service.
Donal Carey
Question:
381
Mr. D. Carey
asked the
Minister for Justice, Equality and Law Reform
the person responsible for listing in the Supreme Court; the function exercised by the Chief Justice regarding listing in the Supreme Court; the length of time it takes to get a case listed for hearing after it has been set down and all bundles for the appeal filed; the number of cases waiting for a listing date; and the oldest case waiting for a listing date.
[5534/02]
Donal Carey
Question:
382
Mr. D. Carey
asked the
Minister for Justice, Equality and Law Reform
the person responsible for listing in the Circuit Court; the function exercised by the President of the Circuit Court regarding listing in the Circuit Court; the length of time it takes to get a case listed for hearing after it has been set down and all bundles for the appeal filed; the number of cases waiting for a listing date; and the oldest case waiting for a listing date.
[5535/02]
Donal Carey
Question:
383
Mr. D. Carey
asked the
Minister for Justice, Equality and Law Reform
the person responsible for listing in the High Court; the function exercised by the President of the High Court regarding listing in the High Court; the length of time it takes to get a case listed for hearing after it has been set down and all bundles for the appeal filed; the number of cases waiting for a listing date; and the oldest case waiting for a listing date.
[5536/02]
I propose to take Questions Nos. 381 to 383, inclusive, together.
In relation to the Supreme Court, cases which are certified by the appellant as being ready for hearing are included in a list to fix dates. Lists to fix dates are held once or twice a term at which dates for hearing are allocated by the Chief Justice.
At present, 31 appeals are awaiting dates for hearing. These include a number of appeals previously allocated dates but which had to be displaced to allow the courts to deal with the Abbeylara appeal and three urgent immigration appeals. Dates will be allocated for these appeals at the next list to fix dates which is scheduled for 28 February 2002. In terms of total time, an appeal would normally have a hearing date between three to six months from the date on which it was certified as being ready for hearing. Excluding cases displaced by the Abbeylara and immigration appeals, the oldest case waiting for a hearing date was certified as ready for hearing in late December 2001.
With regard to the High Court, the position is that under section 10(3) of the Courts (Supplemental Provisions) Act, 1961, as amended, it is the function of the President of the High Court to arrange the distribution and allocation of the business of the High Court.
Lists are prepared by list registrars. Cases are listed in chronological order. The date on which cases are entered in the lists depends on the category of case. With the exception of the Circuit appeals list responsibility for the allocation of dates is delegated by the President to the individual judges having management of the various lists. In cases of urgency where an early hearing is requested and no available dates remain the parties may apply to the President who will endeavour to assign a judge to hear the case depending on the availability of extra judges and the urgency of cases. The following are the main High Court Lists.
Regarding the Dublin personal injury list, once a case is set down the parties may immediately apply for a hearing date two or three weeks from the date of application. Consent applications are taken by the list registrar. Otherwise application is made to the list judge on ten days notice to the other party. There are no delays in this list and the speed with which a case is heard is a matter for the parties. Long cases such as medical negligence actions which can last a number of weeks usually require a date to be "specially fixed" by the judge, which will depend on the availability of dates but generally a date will be assigned within four weeks of the application being made.
Regarding personal injury lists at venues outside Dublin, the High Court sits at Cork, Galway, Limerick – Ennis, when the Courthouse reopens – Waterford, Sligo-Letterkenny, Kilkenny and Dundalk to hear personal and fatal injury actions. Cases are listed in chronological order once set down. Applications to fix the list of cases for hearing are heard by the list judge some weeks in advance of the sittings. Cases that are not ready for hearing are adjourned. The only significant delay is in the Cork list where cases can take two years to be reached. In the Dundalk, Kilkenny, Galway Waterford and Sligo, list cases that are ready to proceed will usually be heard within three to six months of setting down. Limerick cases are taking up to 12 months.
Non-jury and chancery list cases are not transferred to the list to fix dates until certified as ready for hearing. Certified cases are then listed chronologically – in accordance with the date of filing of the certificate of readiness – in the next list to fix dates. Certain cases at the top of the list may have been given priority by the list judge where a date may previously have been assigned but the case failed to get a hearing due to the unavailability of a judge. Lists to fix dates are held at the end of each term and most cases that request a date are assigned one the following term. However, some slippage occurred in the past term. As the coming term is relatively short, – six weeks – it is unlikely that all cases seeking dates will be allocated a date in the that term but will obtain one in the following term, that is, June-July.
Regarding the judicial review list, motions for judicial review are not transferred to the list to fix dates until the list judge is satisfied that all pre-hearing directions have been complied with. Again the list to fix dates is held at the end of each term to fix dates for the following term. Until the end of 2001 all cases seeking dates were assigned a date in the following term. All cases in the last list to fix dates in December 2001 were not reached and arrears have risen. Consequently, cases in this list will not all receive a hearing date next term but should do so in the following term.
Regarding jury trials, once an action is set down for trial it is entered automatically in the next list to fix dates, according to the setting down date. As there is generally a relatively high number of adjournments and settlements in this list, virtually all cases seeking a date obtain one in the following term.
Regarding the Dublin Circuit appeals list, Circuit appeals are heard on Monday of each week. Dates are not assigned until the books of appeal are lodged in the central office. The next available hearing date is then assigned by the list registrar which will be approximately four weeks ahead, allowing for the intervention of court vacations. Application is required to be made to the President to assign an extra judge to hear appeals which are expected to last a number of days.
Regarding Circuit appeals outside Dublin, information on Circuit Court appeals outside Dublin is not readily available.
Regarding the asylum list, judicial review motions in this category are assigned dates by the list judge periodically during each term. Motions are listed for hearing on a date approximately within four weeks of the motion's coming into the list.
Number of cases ready for hearing awaiting dates as of 15/2/02
|
Chancery 1 List :
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– 35 Actions and 30 Motions/Summonses
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Chancery 2 List :
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– 19 Actions and 38 Motions/Summonses
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Non Jury List :
|
– 75 Actions and 49 Motions
|
|
Jury List :
|
– 68 Actions
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|
Judicial Review List :
|
– 153
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In so far as the Circuit Court is concerned, the listing of cases in the Circuit Court is the responsibility of the county registrar, subject to the directions of the Circuit judge. The President of the Circuit Court has overall responsibility for the business of the Circuit Court, but is not generally involved with the listing of cases.
The latest complete figures held are for the year 2000 and the following table shows that the average delay from the time a case is set down until the date of first hearing. Statistics relating to the year 2001 are currently being collected and collated and will be made available to the Deputy when finalised.
Statistics are not compiled in relation to the number of cases awaiting a listing date. The following table shows the time taken to obtain a hearing. It should be noted that cases can be given a listing date and be adjourned for a variety of reasons. Consequently there are cases which have been listed but adjourned on more than one occasion in several circuit venues and which are several years old.
Cases for the Central Criminal Court are presided over by a judge. Once a month there is a list to fix dates. The average waiting time to hearing is about 15 months. As in the Circuit Court, cases may be listed and given a hearing date, but be subsequently adjourned for a variety of reasons.
Donal Carey
Question:
384
Mr. D. Carey
asked the
Minister for Justice, Equality and Law Reform
the function of the Courts Service agency; the number of Supreme Court judges; and when the Supreme Court sits as a court of three or five judges.
[5537/02]
The functions of the Courts Service as set out in section 5 of the Courts Service Act, 1998 are as follows: to manage the courts; to provide support services for the judges; to provide information on the courts system to the public; to provide, manage and maintain court buildings; and to provide facilities for users of the courts.
The number of Supreme Court judges is fixed by law. The present statutory number of judges is eight, including the Chief Justice.
The question of whether the Supreme Court sits with three, five or seven judges is a matter for the Chief Justice, save in so far as there is a specific provision in the Constitution that matters be heard by a court of not less than five judges.
Under section 7(5) of the Courts (Supplemental Provisions) Act, 1961, an appeal to or other matter cognisable by the Supreme Court under Article 12 or Article 26 of the Constitution or a question of the validity of any law having regard to the provisions of the Constitution shall be heard and determined by not less than five judges of the Supreme Court.
