Head over to our T
An Bord Snip: The Court System
Read more about: An Bord Snip 
Written by Aoife Carroll Barrister-at-law (and for full disclosure, member of the Labour Party)
–
The Snip report makes various recommendations about the courts structure and the administration of the courts which, as a barrister, I read with significant interest. There is to be savings of €23.2 million in relation to the organisation of the Courts, €7.5million in respect of savings under the heading of the promotion of a tolerant and equal society and €2.8million from merging various statutory agencies together.
It is proposed to transfer the functions of the Equality Tribunal to the Employment Appeals Tribunal with a saving of 0.6m. At first glance this would appear to be another attack on equality rights. However, I actually welcome this move. It makes sense to have all the cases related to dismissal and treatment in the workplace in one place and the EAT should be that place. A saving of €1.5 million will be the result from the abolition of the Minister for Integration. Ordinarily I would shed a tear over this but as its establishment was a sop there is no great loss. A long a similar line there is to be staffing reductions in the Immigration and Naturalisation Services to the tune of €10million. The result from this will be longer delays in processing of applications for citizenship (already at two years) and residency.
I read with most interest the recommendations about rationalisation of Court practices, including the abolition of some ‘outdated practices’ which will save €2m apparently. Included under this heading are recommendations that Courts should sit on Monday, there should be year round Court sittings and there should be the introduction of pre-trial hearings including pre trial jury selection. Monday sittings already happen in Dublin at all levels and pre-trial jury screening was ruled unconstitutional in the Haughey case. Year round sittings will also cost the State more money, which I don’t think was the object of the exercise. Snip also recommends that the Digital Audio Recording be implemented in all civil courtrooms. This caught my eye as DAR was rolled out last year in all High and Circuit Courts regardless of what type of case they were hearing so Snip don’t really seem to know what they’re talking about. Similarly it recommends the establishment of an (uncosted) judicial clerking system apparently without the knowledge that such a system already exists. It strikes me that the members of An Bord Snip have little actual knowledge of the workings of the courts and instead have relied on outdated perceptions. They also recommend the abolition of the distinction between Junior and Senior Counsel. How this comes within their remit I have no idea.
€2m will be saved by abolishing the current security arrangements at the Four Courts which is long overdue and €8.4m will be saved by way of introducing a means test for Criminal Legal Aid. A means test already exists for Criminal Legal Aid so I assume that the Board is actually recommending a change of policy in respect of objecting to applications for Criminal Legal Aid.
From a legal point of view the most shocking cut is that of the Law Reform Commission, a body which has produced excellent work over the years. For the saving of €2.8million it is to be cut and replaced by a policy of convening the LRC on an ad-hoc basis. The LRC have focused much of its work on reviewing areas of law that are outdated and that nobody cares about politically. It will be a great loss.
“€2m will be saved by abolishing the current security arrangements at the Four Courts ”
I win!
But seriously, the law reform commission is a major loss.
The rest is a familiar check list. My guess is they asked the courts service to identify and then send them a list of cuts. Instead the courts service dropped their white elephant (see above) and then just claimed that the rest of the plans already on their PMDS were cost saving exercises. Add in random crackpot contributions from places unknown and you’re sorted.
Year round sittings will also cost the State more money… Or you just dont’t like the idea of the bar having to work in August? The legal calander needs to be brought up to date. Also in a small county like Ireland do we really need SC and their juniors??
Laura,
Barristers are not salaried and get paid on a case by case basis. Having to work in August wouldn’t bother most of us in the slightest, as its not a holiday for us, its a period of enforced unemployment. And while I’m not convinced of the necessity of a Senior/Junior distinction, I fail to see what the size of the country has to do with it.
“A long a similar line there is to be staffing reductions in the Immigration and Naturalisation Services to the tune of €10million. The result from this will be longer delays in processing of applications for citizenship (already at two years) and residency.”
Great
Let me tell ya a story
I was in the country 13 years now, finished school > university > masters
Started own company while studying, still in business thru this recession and employing people
Pay all sorts of taxes (in large amounts) from personal to corporation and employer related
I am currently waiting exactly 3 years for the approval on Naturalization (applied second time since there are no appeals after first refusal in 2005) still nothing from that dept.
To be honest i dont know how to feel by this stage
I cant travel and I cant vote, yet I get taxed to eyeballs to keep the banks running 
feel like a slave a squirrel in a wheel
I hope “not shed a tear over this” is not the official position of the Labour party when it comes to these cuts, I did vote for yee in the only election Im allowed to vote ( the local ones recently)…
Regards
Could the naturalisation department of the Justice Department be spared? The queues are long enough
3 years!!!
The boys in the public sector miss what has a long been a motto in the private sector – don’t work hard, work smart. Currently being in the pipeline of the immigration system, I cannot help myself but note inadequacy of the processes, individual training issues, as well as lack of will to grind through. I’m in business and know that the only way to see through the hard times is to work through it. Striking, boycotting and undermining work that government pays you for is a blind road to “race to the bottom”. Unfortunately, I know all about this through my dealings with INIS.
It appears that the majority of the indigenous population adopt “don’t like it, leave it” approach. it worked fine for them during the “fat” years of seeming poshness, lavish spending and the sense of being “chosen” above those who came here last. Needless to argue that majority finds themselves on the receiving end of the same policy. While I don’t see this to change (integration/discrimination bodies are to be cut – see above), I see more of the locals reaping the fruits of the faceless, irresponsible, non-compliant red tape. Having a chance to have it right in one area (immigration, integration, equality) while we could afford it, it is sort of late now.
I nearly forgot-
Here’s the Courts Service’s justification for those 2 million a year security systems being put in place, only 3 years ago.
http://www.tuppenceworth.ie/blog/index.php/2006/01/28/courts-service-justification-for-access-restrictions/
FN, I think the reference of “not shedding a tear” is in respect of this “A saving of €1.5 million will be the result from the abolition of the Minister for Integration. Ordinarily I would shed a tear over this but as its establishment was a sop there is no great loss.” So it’s the job of Minister for Integration that Aoife is not shedding a year over rather than the Immigration and Naturalisation Services. Just to clarify.