Dáil Éireann Debate, Thursday - 16 February 2023
1. Deputy Martin Kenny asked the Minister for Justice if he is aware of the staggering waiting times facing victims of crime and victims of domestic violence in the Courts Service, with some waiting as long as 36 months for a hearing; and if he will make a statement on the matter. [7529/23]
View answerThe Minister is aware of the staggering waiting times in many of our courts for people who are victims of domestic and sexual violence. We spoke about it at a committee meeting yesterday, as it happens. I would like a commitment from him this morning setting out what concrete action will be taken to change this. I got back a list of court sittings. In Trim, people are waiting 16 weeks in some cases. In Tullamore, it is 14 weeks. In other places, cases are heard at the next sitting. This hit-and-miss scenario in different areas of the country must be addressed and the only way it can be is by the appointment of additional judges.
I thank Deputy Kenny for this question. We had a chance to begin to explore this issue at a committee meeting and I am grateful we have a chance to discuss it further.
As the Deputy will be aware, the Judiciary is independent in the exercise of its functions. Since the Covid restrictions have been lifted, the courts have resumed working at full capacity. The Courts Service works closely with the Judiciary to prioritise urgent work and address backlogs that have been exacerbated by the pandemic.
I am acutely aware of the impact of delays in proceedings on vulnerable victims but it is very important for people to know applications for urgent interim domestic violence orders are prioritised by the courts. I am certain we all want that message to go out from the House today. I want anybody who is in danger today or who is worried to know that. I should also clarify that the Courts Service has assured me urgent domestic violence interim applications are a priority and are dealt with immediately, that is, either on the same day or on the next sitting day in every district. The interim order is in place until a full court hearing can take place. Even during the pandemic, courts were opened and remained open to hear these applications.
I am informed that waiting times for other domestic violence applications vary across districts but the majority, as the Deputy said, hear these applications at the next sitting. For the reasons the Deputy has outlined, I have asked the Courts Service for a report on the disparity in waiting times between districts for family law domestic violence applications. I am very conscious of the courts' independence but I am conscious also of the point Deputy Kenny makes, namely, a majority of the courts are hearing applications at the next sitting. I want to get a real understanding of the disparity across the District Courts.
While the introduction of preliminary trial hearings in 2022 represents a significant reform intended to speed up criminal trials, I understand the average waiting time for trial in serious sexual assault cases, which are heard in the Central Criminal Court, is currently 14 months. Sexual offences are also tried in the Circuit Criminal Court and data received from the Courts Service indicate 75% of cases over the last six months were scheduled for hearing in under 24 months. The average wait for the family law list is three months.
I thank the Minister and look forward to that report from the Courts Service. We are all aware that people across Ireland are becoming more conscious of the scourge of domestic and gender-based violence, intimate partner violence, harassment and coercive control. As a society we are getting better at identifying people in that situation and encouraging them to seek support and come forward. More and more of them are and it is appropriate to pay tribute to the many organisations like Women's Aid, Men's Aid and the rape crisis centres. They all do magnificent work to assist people in trying to move forward with that.
The difficulty we experience is that when these cases reach the courts system people often find it arduous and difficult. In some cases, the wait can be as long as three years. Some of that is down to delays with the Director of Public Prosecutions and other issues but the general difficulty is that the courts system is under huge stress because of the long delays. Some of it may be due to disorganisation and areas that could be tightened up. The Courts Service could do a better job in some areas and that needs to be examined. However, the primary reason is that we do not have enough judges in place to be able to deal with the cases. The Minister has a report. He mentioned yesterday that the conclusions are due to be brought forward. I hope that happens quickly.
I join the Deputy in commending the organisations he mentioned. I had the pleasure of meeting almost all of them when we had them in the Department to discuss how we will develop the new domestic, sexual and gender-based violence agency. The Deputy supports the agency and we intend to legislate for it shortly. I hope to bring the draft legislation to Cabinet within a month and have it up and running by next January. I cannot stress enough that interim orders are dealt with immediately. I await with interest the report from the Courts Service and the broader issue the Deputy raises. I look forward to receiving it so I can gain a full understanding of the issues.
Two issues arise as regards some of these matters. One relates to family law. As the Deputy knows, we have secured approval for the Family Courts Bill 2022. The Bill is on Second Stage in the Seanad. It will result in a radical overhaul of the family courts system, which will help to improve matters for vulnerable families in many ways.
The Deputy is also right on judicial numbers. I have received the report of the judicial planning working group and I do not intend to sit on it. I hope to bring it to Government in the coming weeks and to publish it very shortly thereafter.
Gabhaim buíochas leis an Aire. I appreciate the work going on in respect of all that. Bringing forward legislation, setting up new agencies and focusing on all this is worthy and worthwhile but the key issue is ensuring we have the resources to deal with what is basically a pandemic across our society. According to report from the Central Statistics Office yesterday, four out of five victims of sexual abuse know the perpetrator. Half of those are children and the violence often occurs within families. Where victims of child abuse report the crime as an adult, it will have traumatised them throughout their lives. It is very important, therefore, that they are dealt with efficiently and effectively and that the system works with them. The Courts Service is part of that but so too are all the other services the Minister mentioned. We must have adequate therapeutic services in place to assist people to move forward in their lives and have a bright future. People deserve that and it is an absolute priority that the Department of Justice deals with this matter appropriately.
The Deputy and I agree on that point. This is an absolute priority for the Department. A board has been established to deliver a zero-tolerance strategy and is co-chaired by the Secretary General at the Department of Justice and the Secretary General at the Department of the Taoiseach.
The Deputy is correct, though, about there being so much we need to do in this area. I had an incredible meeting with a superb individual, Jason Poole, yesterday concerning the horrific scenario his family has endured because of the loss of his beautiful sister Jennifer and his wish for a domestic violence register to assist in Ireland. There is much we need to do in this area. Some of it requires legislation and some of it requires resources, but we must do both and we are doing so.
Turning to the issue of the judicial planning working group, I cannot go into too much detail because I must go to Government first on it, but I do have the final report. It does highlight the importance of developing a structured system for planning and deploying judicial resources. Both the judicial planning working group and the OECD have highlighted the need for a substantial programme of change initiatives, without which the demand for additional judges would be even higher. The Deputy can expect me to move quickly on this report, which I have just received in recent weeks.
