THE Minister for Justice, Mrs Owen, is today expected to recommend to her Cabinet colleagues the main elements of a plan to overhaul radically the courts system.
The interim report, prepared by the Supreme Court judge, Mrs Justice Susan Denham, over several months, was presented to the Minister last Friday. It recommends the establishment of a Courts Services Board to administer the courts.
It is anticipated that Ministers will approve the report's proposal that this independent body effectively take charge of running the court system but that the Minister for Justice should continue to bear ultimate political responsibility.
The board, with its own chief executive, would be a statutory agency and draw its membership from the bench, lawyers and outside the judiciary. It would have its own budget, including control over finances raised by court revenue such as stamp duty, but funding from central government would continue.
The courts, under grave strain from a huge workload, are currently managed by a number of bodies, including the Department of Justice, local authorities, the Office of Public Works, the judiciary, court registrars and sheriffs.
According to the report, prepared under the aegis of the new Courts Commission, this unwieldy system of operation has led to fragmentation and a crisis in the entire process.
Mrs Owen said yesterday the court system had remained largely unchanged since its foundation in the 1920s. Apart from adding some judges and making minor adjustments, no real root and branch change had been undertaken.
"There is a lot of work still to be done and this is not their final report by any manner of means. I look forward to discussing it with my colleagues and they can make their own decision on it", she added.
Opposition TDs reacted positively to the report, adding, however, that it should be published. According to Mr John O'Donoghue of Fianna Fail, the proposal to establish an independent body to take over the running of the courts should help resolve lengthy delays in both criminal and civil cases.
The Progressive Democrats justice spokeswoman, Ms Liz O'Donnell, said the court system was in a state of near collapse, the "Cinderella of the State services in the justice area". It had been under funded, chaotic and devoid of long term strategic planning, she said.
The Minister owed it to the members of the commission that drew up the report, particularly Mrs Justice Denham, to urgently consider and implement the recommendations, she added.
Welcoming the report, Mr Patrick Hanratty SC of the Bar Council said the money must be found to make the necessary changes since the administration of justice was an intrinsic part of any civilised society.
"It costs whatever it costs. What it costs at the moment is less than what it should cost because of the neglect which has been building up over so many years," he said.
There would, perhaps, be a capital outlay, but relatively speaking that would not be substantial, he added. In terms of the relief of human suffering and anxiety involved, that expense would be well worthwhile, he said.
Ms Mary Ellen Ring, a barrister, said last night that lawyers were as concerned as members of the public about the delays in dealing with cases.
Last Thursday, four criminal cases in Dublin had to be adjourned due to the lack of judges. Mean while, the family courts are currently fixing hearing dates well into 1997.