The Gazette 1993

GAZETTE

MIWH NOVEMBER 1993

N E W S Law Society/Bar Council Submission on the Courts

On 22 September last, the Law j Society and the Bar Council made a j joint submission to the Minister for Justice on the future funding, j structure and management of the j courts service. A summary of the submission is published below. Purpose - The purpose of the submission is to draw attention to the serious problems that exist in the courts service in this country, to heighten public awareness and to put forward recommendations for the improvement and reorganisation of the management of the courts. (Section 1) • Clearly, the effectiveness of the courts in providing redress to citizens and in vindicating their rights is affected and undermined by the current inadequate resources of the courts system. It is clear that delay and inefficiency in the service is contributing greatly to the cost of litigation and also imposing a substantial burden on the commercial life of the country. (Section 2) The Current Shortcomings • Delays, in the order of two and a half to three years before a case comes to trial, are becoming so acute that it is not an exaggeration to say that the system is grinding to a halt. (Section 4) • Courthouse accommodation has been seriously neglected. In almost all the courthouses throughout the country there is serious over- crowding, inadequate facilities for the public, judges, barristers and solicitors, no family law facilities, no public telephones or any kind or refreshment facilities and a complete lack of upkeep and maintenance. In many of these courthouses sanitary facilities are primitive and unhygienic. Over recent years Vindicating Citizens' Rights

judiciary to keep them up to date with modern developments. (Section 6) • The Government has spent less that £ l m (in total) over the past five years on information technology in the courts service. Modern information technology systems are vital to improve efficiency in administration and to speed up the handling of the vast amount of in widespread use throughout the courts service. The Government must provide the funding for a modern and efficient information technology system. (Section 8) • Pleading systems and pre-trial procedures need to be simplified and a greater emphasis should be placed on the submission of written statements of evidence by the parties documentation that goes into court work. Sadly, manual systems are still to the case so as to reduce to a minimum those areas of dispute which need to be tried on sworn testimony. (Section 9) • One of the worst features of the present system of litigation is the inefficiency of the listing system under which there is no guarantee that a case will be heard on the day that it is listed. This results in substantial additional costs being incurred by the parties. Part of the problem is the inadequate number of judges available to hear cases. More judges need to be appointed and a proper appointments system should be introduced. (Section 10) Additional Resources are Essential • The delays currently being experienced in the Circuit Court and the High Court cannot be addressed simply by a "reallocation of resources" (as stated by the Minister in reply to a recent Dail question). Substantial additional resources - principally the appointment of

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Drogheda Courthouse, Co. Louth - a close- up of the cracks in the wall at the courtroom. spending on courthouse accommodation has been seriously

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curtailed with the result that buildings of historical and architectural importance are

threatened. Solicitors have had to take mandamus proceedings against the Minister to have essential work carried out. The submission suggests that a minimum of £5m must be made available for courthouse accommodation in the Courts' Vote for 1994 and a programme of refurbishment implemented over a 5 year period. (Section 5) • It is widely accepted that family law cases require special facilities in order to respect the dignity and privacy of the individuals involved. However, such facilities are virtually non-existent. Delay is also a problem. The submission recommends examination of the establishment of a special family law court to deal with family cases. Urgent consideration should be given to appointing family law practitioners as judges at both District Court and Circuit Court level. All appointees as judges should receive initial induction training in family law work and there should be regular conferences and seminars for members of the

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