Written Answers. - Courts Service.
Bernard J. Durkan
Ceist:
411
Mr. Durkan
asked the
Minister for Justice, Equality and Law Reform
if his attention has been drawn to the insufficiency of the funding available to the Courts Service; his proposals to address the issue of delays and backlogs in the various services, including family law services; if his Department is the appropriate body to provide the funding in this area; if it is intended to address the inadequacies in this area; and if he will make a statement on the matter.
[12994/03]
Bernard J. Durkan
Ceist:
412
Mr. Durkan
asked the
Minister for Justice, Equality and Law Reform
if adequate resources have been provided by his Department to fund the courts service, having particular regard to current backlogs; and if he will make a statement on the matter.
[12995/03]
I propose to take Questions Nos. 411 and 412 together.
Under the Courts Service Act, 1998, the Courts Service – which is responsible for the day-to-day management of the courts – is independent in the performance of its functions. I am responsible for ensuring that the service is adequately funded and, in this regard, €92.179 million has been provided in 2003 for the Courts Service. This represents a 5.6% increase on 2002. The funding provided is allowing the Courts Service to progress the implementation of its strategic plans and policies specifically in the areas of information technology and capital building programmes. I am confident that the level of funding provided to the Courts Service is adequate to maintain existing levels of service.
While some element of delay is inevitable in the courts system, the position differs from court to court. For instance, there are little or no delays in the hearing of cases in the Supreme Court. In the case of the High Court, the waiting time for the hearing of personal injury actions is ten days in Dublin – from the time that both parties are ready to go for hearing – and, in respect of cases heard outside Dublin, they are generally included in the next sitting of the court. The average waiting time for the hearing of a judicial review is between three and six months.
In the Central Criminal Court, the waiting time is 18 months. However, it is proposed to have four courts sit throughout September and this will reduce the waiting time.
The situation in the Circuit Court differs from venue to venue. In many venues, cases will be heard at the next available session. As regards the District Court, there is no delay in most districts in cases being brought to hearing. In the Dublin District Courts, contested criminal cases take, on average, five months for a hearing.
The Deputy specifically refers to family law. In this regard, I have been informed by the Courts Service that the waiting time for a date for the hearing of applications for divorce and judicial separation is on average four months in most parts of the country. In Dublin, where up to 40% of all divorce cases and approximately 25% of judicial separation applications are heard, there is a four week waiting time if the divorce is by consent and a 12 week waiting time if the divorce is contested. However, there are some venues outside Dublin where waiting times are longer.
As regards judicial resources, seven additional judges were appointed under the provisions of the Courts and Court Officers Act 2002 – two High Court judges, three Circuit Court judges and two District Court judges. The provision of these additional resources has assisted in the objective of reducing delays generally.
