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Courts Service

Dáil Éireann Debate, Tuesday - 7 July 2020

Tuesday, 7 July 2020

Ceisteanna (612)

Mary Lou McDonald

Ceist:

612. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if her attention been drawn to the significant delays in the court system; if priority is being given to the scheduling of violent and sexual assault cases; and if she will make a statement on the matter. [13880/20]

Amharc ar fhreagra

Freagraí scríofa

Under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service, which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following update on this matter.

The Courts Service is working in cooperation with the judiciary and other stakeholders to increase the amount of criminal business being dealt with by the courts, whilst ensuring appropriate social distancing for staff, judges, legal practitioners, jurors, Gardaí and others associated with criminal prosecutions. The Courts Service is in the process of identifying suitable venues where jury call-overs and jury trials can be held and is assessing the maximum numbers that can safely attend each courtroom and courthouse throughout the country.

The Courts Service is planning to have jury trials commencing in the Central Criminal Court and Circuit Criminal Court from September. The prioritisation of cases is a matter for the relevant court to decide.

On the broader reform agenda in this area, the review of the investigation and prosecution of sexual offences is being carried out by a working group chaired by Tom O’ Malley, Senior Lecturer in Law at the National University of Ireland, Galway and member of the Law Reform Commission. The working group includes representatives of the Garda Síochána, the Director of Public Prosecutions, the Probation Service, the Courts Service and the Department of Justice and Equality. The review is examining the adequacy of measures available to protect vulnerable witnesses during the investigation and prosecution of sexual offences, to help ensure the best quality evidence is available to the jury in making their decision, while respecting the dignity of the victim and their right not to be re-victimised by the investigation or trial process itself. It is examining the entire legal process around sexual offences, from the initial reporting of an offence through to the end of any court proceedings, including the causes of delay in sexual offence trials, and the effect of delay upon vulnerable witnesses. The review is particularly concerned with the treatment of complainants and vulnerable witnesses throughout this process.

The process is now at the final stages and a report is expected to be received by my Department in the very near future.

The recommendations of the review, when complete, will be given very careful consideration alongside the recent work of the Law Reform Commission on Consent in Rape Law.

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