Dáil Éireann díospóireacht -
Tuesday, 30 Mar 1993

Vol. 428 No. 5

Written Answers. - Courthouse Accommodation.

Helen Keogh

Ceist:

37 Ms Keogh asked the Minister for Justice if she has satisfied herself that local authorities have properly discharged their duties under the Courthouses (Provision and Maintenance) Act, 1935, in relation to the provision and upkeep of courthouse accommodation; if her attention has been drawn to the fact that, under section 6 of this Act, she has a power to direct the Commissioners of Public Works to repair and maintain courthouse accommodation; whether a direction has ever been given under this provision; and if her attention has further been drawn to the fact that under section 10 of the Act, she has a power to take mandamus proceedings against defaulting councils; whether this provision has ever been used; and if not, the reason therefor.

Minister for Justice (Mrs. Geoghegan-Quinn)

Responsibility for the provision and maintenance of court accommodation, with certain exceptions in the Dublin area, is vested by law in local authorities. Most local authorities discharge their responsibilities in this regard in a satisfactory manner but it is accepted that there are some venues where the court accommodation is less than satisfactory.

I am aware that in the circumstances where a county council has failed or neglected to keep in proper repair and condition any court accommodation which the council is required by law to provide, I am empowered by section 6 (1) (a) of the Courthouses (Provision and Maintenance) Act, 1935 after consultation with the Minister for Finance to direct the Commissioners of Public Works to do whatever work is necessary to put the accommodation in question into proper repair and condition.

Such a direction was given on three occasions in the past, that is in relation to the courthouses at Drogheda, Waterford city and Cavan town.

The remedy bymandamus proceedings against defaulting councils provided in section 10 of the Act is intended to cover circumstances not covered by section 6 of the Act. Such circumstances have not arisen to date.

Desmond J. O'Malley

Ceist:

38 Mr. O'Malley asked the Minister for Justice the number of civil actions by way of mandamus or other proceedings which have been initiated against her or her predecessors by associations representing legal practitioners in this country for the alleged failure to provide adequate courthouse accommodation; and if he will make a statement on the matter.

Minister for Justice (Mrs. Geoghegan-Quinn)

A total of six civil actions have been initiated to date against the Minister for Justice arising from the failure of local authorities to maintain courthouses in proper repair and condition.

Three of these cases are now pending in the High Court. They are in respect of the courthouses at Carrick-on-Shannon, Clonmel and Drogheda. As the applications have not yet been adjudicated on by the court, I cannot comment further on them.

The three previous cases, which were successfully taken by local practitioners, were: Drogheda, 1972; Waterford 1981-1983; Cavan, 1987-1989.