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Dáil Éireann debate -
Tuesday, 25 Nov 2003

Vol. 575 No. 3

Written Answers. - Courts Service.

Bernard J. Durkan

Question:

117 Mr. Durkan asked the Minister for Justice, Equality and Law Reform when he expects to be in a position to provide the necessary resources to the Courts Service to facilitate necessary improvements in the operation of the court system with particular reference to expediting the process of cases and eliminating backlogs, including the family law courts; if he has received indications quantifying the exact requirements in this regard; his intended response in respect of such a request; and if he will make a statement on the matter. [28286/03]

Bernard J. Durkan

Question:

310 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the slow process of family law cases; if the family law legislation passed by the Houses of the Oireachtas is impeded through lack of particular resources; and if he will make a statement on the matter. [28405/03]

Bernard J. Durkan

Question:

313 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he proposes to offer extra resources to the Courts Service to facilitate a most expeditious process of cases through the system; and if he will make a statement on the matter. [28408/03]

I propose to take Questions Nos. 117, 310 and 313 together.

I am responsible for ensuring that the Courts Service is adequately funded. A sum of €92.179 million has been provided in 2003 for the Courts Service which represents a 5.6% increase on the level of funding for 2002. The funding provided is allowing the Courts Service to progress the implementation of its strategic plans and policies specifically in the areas of information technology and capital building programmes. I am confident that the level of funding provided to the Courts Service is adequate to maintain existing levels of service so that there is no undue delay in expediting the process of cases or any backlogs due to the lack of financial resources.

Under the Courts Service Act 1998, the Courts Service, which is responsible for the day to day management of the courts, is independent in the performance of its functions. Consequently, having regard to the statutory independence of the Courts Service, the Deputy will appreciate that it is a matter for the Courts Service to decide how funding provided is specifically allocated. While some element of delay is inevitable in the courts system, the situation differs from court to court. Within existing resources, improvements have been made and the waiting time for trials in the High Court, especially for family law, criminal trials and appeals and judicial review has been reduced and maintained at an all-time low.

The Deputy specifically referred to family law. In this regard, I have been informed by the Courts Service that, as of 31 December 2002, in the District Court there was an average 13 week waiting period in Dublin from the date of issue of the summons to the date of hearing of safety, barring, maintenance or guardianship order applications. As a result of the Domestic Violence (Amendment) Act 2002, the time between an ex parteinterim barring order and a full hearing is no more than eight working days. In Cork there is a one month waiting period. In general, there is no delay in hearing family law cases in the provincial district courts as cases are listed for the next sitting in the District Court area.

As regards judicial resources, seven additional judges were appointed under the provisions of the Courts and Court Officers Act 2002 – two High Court judges, three Circuit Court judges and two District Court judges. A further two High Court judges were recently appointed under the provisions of the Courts and Court Officers (Amendment) Act 2003. The provision of these additional resources has assisted in the objective of reducing delays generally. I might add that, in 1996, the total funding allocated to the Courts was €35.408 million, or £27.886 million. The amount allocated to the Courts Service this year represents an increase of 160% on this.
Question No. 118 answered with Question No. 95.
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