Courts Service

Dáil Éireann Debate, Friday - 16 September 2016

Friday, 16 September 2016

Questions (100)

Josepha Madigan

Question:

100. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the fact that Phoenix House Circuit Court, Dublin will no longer rule terms of settlement in judicial separation and divorce by means of a notice of motion to rule settlement terms and now requires settlements to be ruled by means of a motion for judgment in default before the County Registrar and then the court; if her attention has been drawn to the fact that this is causing delays; if it is the intention of the Courts Service to make a new rule in this regard; if so, the timeframe for same; and if she will make a statement on the matter. [25046/16]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will be aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that there are no resultant delays in this area. Where the pleadings are otherwise in order, both sides are represented and judgment is uncontested, a notice of motion for judgment in default can be heard in Dublin Circuit Court within three or four weeks from the date of issue (excluding vacation periods).

The Courts Service has also informed me that the manner in which the courts require applications to be prepared in advance of being dealt with by a judge are matters within the responsibility of the courts and the judiciary, who are subject only to the Constitution and the law, and are independent in the exercise of their judicial functions. It is also the case that the Court Rules Committee and not the Courts Service that has responsibility for the initiation of Rules of Court.