Vol. 255 No. 7
asked the Minister for Justice whether he will state, in respect of the persons at present awaiting trial for indictable offences, the nature of the offences with which they have been charged and the reasons for the long delays in bringing them to trial.
62.
asked the Minister for Justice how many prosecutions involving indictable offences are awaiting hearing in the Courts; if he will state in respect of each prosecution how many of the accused were charged in each of the law terms in the years 1968, 1969 and 1970; if any of those accused were charged earlier than 1968; and, if so, if he will state the law terms in which they were charged.
I propose, with your permission, a Cheann Comhairle, to take Questions Nos. 61 and 62 together.
The information sought in these questions is not available and could not be compiled without a detailed examination of records in all the Circuit Court and the District Court Offices throughout the country. This would entail an amount of work altogether disproportionate to the value of the information.
Delays may be due to several factors, including, for instance, applications by the defence for an adjournment. As regards delays attributable to the Court itself being in arrears, the general position is that, outside Dublin, there are no arrears and no delays in bringing persons to trial. The same applies to the District Court in Dublin. There are arrears, affecting approximately 1,200 cases, most of which are District Court Appeals, in the Dublin Circuit Court.
None of these cases involves persons held in custody. The arrears are due principally to a substantial increase in recent years in criminal trials and criminal appeals from the District Court. The delay at present is of the order of six months. Steps have already been taken to reduce the arrears and the position has been showing some improvement in the last few months.
Is the Minister aware that both the gardaí and the people are appalled and concerned at the delay in bringing criminals to justice? They are also concerned at the number of criminals out on bail, some of them out on as many as eight bails and one particular man on 28 bails. They are also gravely concerned at the number of crimes being committed by these people while on bail. Is the Minister further aware that in cases even of armed robbery there are people out on bail for as long as two and a half to three years and that there is an accelerated drift to anarchy and the Government are standing idly by and what do they intend to do about it?
The facts are as I indicated in my reply and not as the Deputy indicated in his supplementary question.
(Cavan): I take it the Minister agrees there is very considerable delay in the Dublin Circuit Court, even in respect of indictable offences, and both questions deal only with these. Does the Minister agree there is unreasonable delay there which can be ended only by the appointment of further judges——
Hear, hear.
(Cavan):——and the procurement of additional accommodation to accommodate the extra judges?
I did not get the Minister's phrase exactly, but I think he said steps were already being taken——
Yes.
——to deal with the arrears. Would the Minister indicate what these steps are?
I would remind the House that the position is that the delay at present is of the order of six months and steps have been taken to reduce the arrears and these steps are showing some improvement in the position within the last few months. The steps which have been taken are the bringing in of a number of provincial Circuit Court judges.
There is no place for them to sit.
They have, in fact, been sitting and making an impact.
They are sitting in places of men who would not be sitting anyway. There is no court with a jury.
Do they sit on a shift basis?
(Cavan): Surely the Minister appreciates that in many of the country circuits, while there may not be arrears of criminal work, there are certainly arrears of civil work. That is the position in regard to every Circuit Court in the country and if the Minister brings Circuit Court judges from the country up to Dublin that will only increase the arrears in the country.
I do not think the steps that have been taken have, in fact, led to what the Deputy has feared.
Could the Minister say if any consideration has been given to judges sitting longer hours? The hours are the same now as they were in the last century. Surely that is out of accord with modern transport and modern means of communication.
I think the Deputy may take it that this is a matter being considered by the Minister for Justice.
(Cavan): Arising further out of the Minister's reply and in view of the intimation in the Bill before the House that the jurisdiction of the Circuit Court is proposed to be increased as from 1st January next, will the Minister agree that it will certainly be necessary to have drastic changes made in the staffing of the Circuit Court if chaos is not to ensue as a result of increasing the jurisdiction as from 1st January next?
The consequences of the increase in jurisdiction are being kept under review by the Minister for Justice.
The remaining questions will appear on tomorrow's Order Paper.
