Dáil Éireann Debate, Friday - 16 September 2016
101. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality if consideration has been given to examining the operating times of courts here, particularity in family law; if further consideration has been given to the courts being open and operating from 10 a.m. to 1 p.m. and from 2 p.m. to 4.45 p.m. in order to increase the number of cases processed; and if she will make a statement on the matter. [25047/16]
View answerAs 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, and the scheduling and hearing of court cases is a matter for the Presidents of the Courts and the presiding Judges.
However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that the times at which court hearings take place and the length of hearing days are matters falling within the responsibility of the judiciary. Court hearing times are arranged to enable judges to prepare for the case, read the papers where appropriate in the case or cases listed before them for hearing and to complete other preparatory work associated with their lists. Judges, in individual cases, regularly arrange earlier times for commencement of hearings and extend hearings beyond the usual finishing time to facilitate parties, witnesses and legal representatives, and to ensure hearings are completed within the time allocated to them in the court's calendar.
Business is scheduled in so far as possible with a view to ensuring that the court has sufficient business for the full duration of a scheduled sitting. The Court normally has no advance notice of matters that will not proceed, matters that will proceed as expected and matters that overrun their expected duration. Inevitably, on occasions, cases listed for hearing may settle and the Court will finish early. The Court, in scheduling cases, endeavours to strike a balance between managing the expectations of parties that their cases will get listed for hearing and the realistic possibility of such occurring.
The Presidents of the Courts, in consultation with the Courts Service, keep waiting times under regular review. Where specific issues are identified additional judicial resources are targeted at the areas of greatest need. Currently final arrangements are being put into place to redistribute the work of the District Court in Dublin to allow the use of three courtrooms in Chancery Street Courthouse for District Court Family Law child care business. This will increase from five to eight the available courtrooms in Dublin to hear family law matters in the District Court. The opening of the additional courts will impact positively on current waiting times in family law in Dublin.
As the Deputy will be aware, it is my intention, subject to Government approval, to bring forward proposals in the coming months regarding a dedicated Family Court and issues relating to access to the Family Courts and optimising the use and availability of court time are likely arise for discussion in the course of discussions and consultations on those legislative proposals.
