THE Minister for Justice, Mrs Owen, announced in the Seanad yesterday that she intends to publish a Criminal Justice (Miscellaneous Provisions) Bill which will contain measures to improve the efficiency of court procedures and reduce the time spent by gardai in courts.
Speaking during the second-stage of the Courts Bill, she said that in recent times there had been a significant increase in both criminal and civil business in the Circuit Court. Not only had the workload been expanding but the trend was towards more complex and therefore more time-consuming cases.
District Court appointments would be made shortly.
She said there had been a huge increase in family law business at Circuit Court level. The Family Law Act 1995, which comes into effect next month, would also confer a substantial additional jurisdiction on the Circuit Court.
She said a heavy volume of family law business in the Circuit Court seemed set to continue and might indeed grow still further with the introduction of divorce. The Bill was an essential further step to turn around the business of the Circuit Court and improve matters with immediate effect.
Senator Cathy Honan (PD) said the Irish courts system was in a state of near-collapse. For years it had been the Cinderella of the state services in the justice area. It had been underfunded, chaotic and devoid of any long-term strategic planning. Delay in gaining access to justice was one of the most remarkable features of the present system and was a major cost factor for litigants.
Senator Tom Enright (FG) said there was a wise division between the judiciary and the Government and he thought that was very important. He hoped that any judges speaking from the bench would at all times comment on the laws that were before them. It would be a pity to see judges straying into the political arena.
Regarding drug-related offences, he felt that those convicted should be sent to a prison like Spike Island which should be turned into an Irish Alcatraz.
Senator Maurice Manning said he also deprecated the type of intrusion into the political arena by certain district justices recently. He thought there were procedures by which judges could channel their complaints concerning crime or other matters.
He wondered if under the proposed referendum on bail, it would be possible to have a constitutional review of the behaviour of judges so that they would not be left to be free agents.
Senator Pat Magner (Lab) severely criticised the president of the Vintners' Association, Mr Paul O'Grady, for his threat to evict politicians from their clinics where they were held in public houses unless they did what they were told by him.
He said he had had a successful meeting with the association on a deputation led by senator Michael Howard (FG) and they had very good relations on other delegations led by Senator Eddie Bohan (FF). At all times they were courteous and constructive.
"This sort of bullying by Mr O'Grady seems to be persisting and is absolutely to no avail in resolving this problem."
Mr Magner was referring to comments made recently by Mr O'Grady, who had responded to proposed legislation which would restrict the rights of publicans to refuse admission to their premises.
The Leader of the House, Senator Maurice Manning, said he agreed with Mr Magner about the tone used by Mr O'Grady. It was one thing to come into the House and speak to members of the Oireachtas in a civil way and another to issue a public threat.
Senator Sam McAughtry (Ind) angrily rebuked senators over their remarks on the stand-off at Drumcree.
He said that if the Seanad had a debate on Northern Ireland, he hoped it would not take the form of comments that he had heard in the chamber. Those comments, he said, were a unilateral condemnation of the Orange Order.
"There are two points of view on this argument," he said. "I hope that when the debate does come that they will try to understand that when a community is under strain, that strain would release itself in ways mystifying to outsiders.
"They should try to understand that on the Catholic residents' side of Drumcree they were being asked for 15 minutes every 12 months for forbearance. I had hoped that in dignified disgust they would have stood and let this march take place."
Earlier, a number of senators who had said the situation was too sensitive to debate, called for greater restraint and for more responsibility to be shown by unionist leaders in their speeches.