Justice: Backlogs in the Court system 25th September 2013

As the Deputy will be aware, the Courts Service is responsible for the management and administration of the Courts. The scheduling of court cases and the allocation of court business is a matter for the Presidents of the courts and the presiding judge who are under the Constitution independent in the exercise of their judicial functions. The Presidents monitor waiting times across all courts lists and seek to ensure the optimum use of court time.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the primary objective for the Service is to maintain the delivery of front line court sittings and services. The Service continuously works to support the judiciary and assist in ensuring that cases are dealt with as effectively and as speedily as possible. Available resources and operational and organisational structures are under ongoing review to ensure that resources are targeted and focussed on keeping waiting times in the provision of services to a minimum.

I am informed that waiting times in the Circuit and District Courts vary from venue to venue based on the number and complexity of cases. The Presidents of the various courts are determined to achieve improvements in waiting times and they are working with the Service to target judicial resources at the areas with longest waiting times. In relation to the Circuit Court, it should be noted, for example, that in 2011 there were 674 weeks of sittings in venues outside Dublin. This increased to 767 weeks in 2012 and the President of the Circuit Court plans to increase capacity to 888 weeks during 2013, a 30% increase over 2011. The additional weeks will be provided across crime, family law and civil matters. In addition, six specialist judges of the Circuit Court were appointed in July to deal with the new work arising as a result of the Personal Insolvency Act 2012. The President of the District Court is also concentrating judicial resources in the areas of greatest need.

In relation to the High Court, the Courts Service has indicated that there are 4,422 cases listed and awaiting trial in the various lists. High Court waiting times are generally in the range of 2 to 5 months except in relation to Asylum cases where the delay is currently 2 years. The President of the High Court keeps waiting times under continuous review and has introduced a number of initiatives including the reorganisation of sittings of the High Court outside Dublin and arranging for additional court sittings during court recesses. In addition the delegation to court officials of administrative functions previously dealt with by High Court judges has also increased judicial availability for trial work. These initiatives continue to be reviewed and expanded. As indicated above, with the exception of the Asylum List, waiting times in the High Court have been maintained at low levels. I am informed that delays in the Asylum list are due to several factors including the high volume of cases. Delays in lists also occur where parties who have certified the case as ready to proceed and/or applied for a hearing date inform the court that they are not ready to proceed on the allocated date and apply for adjournment.

The Service has indicated that the waiting time in the Central Criminal Court is in the region of 12 months. I am also advised that waiting times in the Court of Criminal Appeal vary depending on the category of the case and there are 154 cases awaiting a hearing at present. I understand that the Chief Justice, in consultation with the President of the High Court, has convened 9 additional sittings during September and the first week of October to deal with sentence appeals/undue leniency applications. A total of 55 such cases have been allocated hearing dates comprising 36 sentence appeals and 19 undue leniency applications.

The Supreme Court, however, continues to experience lengthy waiting times which are now almost four and a half years. Waiting times for priority cases are in the region of 10 months at present. I am informed that there are 666 appeals which the parties have certified as ready to proceed in the Supreme Court List and awaiting hearing. Although considerable efforts are being made to manage the waiting times, the issue of capacity in the Supreme Court can only be fully resolved through the establishment of a Court of Appeal. The referendum on the proposed Thirty-third Amendment of the Constitution (Court of Appeal) Bill will be held on October 4th 2013. In addition, it is expected that the appointment of two additional Supreme Court judges in the autumn will allow the Supreme Court to sit regularly in two Divisions which should have a positive impact reasonably quickly.