Dáil Éireann Debate, Wednesday - 11 October 2023
9. Deputy Pauline Tully asked the Minister for Justice to detail the actions her Department has taken to date to ensure the provision of appropriate facilities and interview suites in Courts Service buildings for those who are vulnerable or who have invisible or visible disabilities. [44122/23]
View answerWhat actions has the Department taken to date to ensure the provision of appropriate facilities and interview suites in Courts Service buildings for those who are vulnerable or who have invisible or visible disabilities?
I thank the Deputy for asking this very important question on the action the Department is taking to ensure provision of appropriate facilities and interview suites in Courts Service buildings for those who are vulnerable or who have invisible or visible disabilities.
The Government has invested substantial additional resources into the Courts Service in recent years to support the modernisation programme it is implementing. The Deputy will appreciate that the management of the courts is the responsibility of the Courts Service. I can, however, assure her that the Government will support the Courts Service in its work to create an environment where justice can be administered efficiently and accessibly for all citizens.
I am therefore very pleased to say that the Courts Service has made a clear commitment to ensuring appropriate facilities are available for vulnerable people and those living with disabilities. New buildings are designed with a wide range of facilities for users including vulnerable witness suites, victim support suites, hearing loop systems and accessible spaces. It is Courts Service policy that all newly constructed or refurbished buildings fully reflect the specific requirements and aspirations of relevant law and good industry practice, including key building standards with respect to the needs of disabled persons, as well as guidance from the National Disability Authority on universal design principles.
The Courts Service has adopted the approach that full accessibility should be provided even in refurbished heritage buildings, which otherwise may be exempt in some respects. The approach taken is that facilities for all users and each of the separate circulation zones in a courthouse should be fully accessible.
Increased use of technology and remote courts has also eased some of the challenges associated with travel to court buildings for users with physical disabilities, and these facilities are to be expanded further. Similarly, the Courts Service modernisation programme and the growing digitisation of services have the potential to make access easier, while taking full account of the need to ensure that digital access is itself provided in an accessible manner.
I am conscious that we all need to become more aware and have an understanding of disability in general but invisible disabilities in particular. I am talking mainly about autistic people. Autistic people gave evidence at a recent disability committee meeting about their experience with the Courts Service. They felt there were absolutely no supports in place for them and they find it very difficult to fit into that system. Dealing with the legal aspect, if they have to apply for free legal aid, that is a very complicated process involving a lot of information and can be very overwhelming. They just lack the skills and require assistance. Many people who are autistic also have attention-deficit disorder. With all the evidence and everything that is happening, it can be very overwhelming; there are many things going on at once.
Even to enter a courtroom, they need familiarisation beforehand. I do not think that process is happening but I hope it can be done if people make the Courts Service aware that they are autistic. Having an advocate there can help them. The anxiety that can build as they wait for their case to come up can be quite overwhelming.
I again thank the Deputy for her very important question.
In addition to its approach to physical facilities the Courts Service is also continuing to invest in initiatives to improve the experience of all court users. I will mention two projects in particular, the first is the "just a minute", JAM, card. The Courts Service provided JAM card training to all of its staff in 2021. As the Deputy is aware, this card allows people with a hidden disability or communication barrier to tell others that they need extra time and understanding in a private and easy way.
The Courts Service has carried out very impressive work to provide trauma-informed training to a wide range of staff and members of the Judiciary. To date, 457 Courts Service staff have completed the training, resulting in plain language information being written with a trauma-informed lens. The design of the new Dublin Family Courts at Hammond Lane is also benefiting from this approach, while front-line staff supporting people making domestic violence applications are supporting people in a different way to reduce the requirement to retell their stories.
The judicial studies committee, established in 2020 by the Judicial Council, has devised and delivered an avoiding retraumatisation programme in collaboration with SSR, the Dutch Judicial Training Institute. The focus of this training was to give judges a deeper and more realistic understanding of victims’ experiences.
The Minister of State spoke about training for court staff, which is very important because the discrepancy across staff can be immense. Some are very understanding and some are not. That includes judges, solicitors and people working in the Courts Service. In July of last year, the Joint Committee on Justice published a report on courts and courthouses, which covered some of the issues the Minister of State talked about and I welcome that. For example, the JAM card is very important. The early stages of the modernisation programme have prioritised ordinary users of the courts system - those are its words, not mine. Under the UN Convention on the Rights of Persons with Disabilities we have to ensure that all people have access to justice and the legal system. Therefore, we have to take into account that some people are vulnerable and need assistance in that.
The Irish Prison Service has been before the Joint Committee on Disability Matters and said there is a quite a high number of people within our prison system who have disabilities, hidden disabilities, are autistic or have mental health issues. It raises questions about whether they should be there. First, had they received proper support in the community they might not be there in the first place. Perhaps some of the issues in the court would have resulted in them being there when they should not be there at all. That is something we have to take into account.
I hear the Deputy's genuine concerns on this issue in regard to disabilities both obvious and hidden. As I say in terms of physicality we are putting in that programme to ensure our courts are accessible but also in terms of training for people to be able to deal with vulnerable witnesses, vulnerable victims and all vulnerable court users so they can be dealt with in a sympathetic manner. That training will continue to be rolled out. Ensuring access to justice for everybody, in particular for those people who are vulnerable or who have disabilities, is a priority for both the Minister, Deputy McEntee, and myself.
