Green Party Justice Spokesperson backs Minister’s emergency response to District Court crisis

Dublin South Central TD Patrick Costello TD, says he backs emergency legislation to restore longstanding operating procedures in the District Courts designed to free up Garda resources that were halted by a High Court judgement last week.

To support the urgent passing of the Garda Síochána (Amendment) Bill 2022, Deputy Costello, who is Green Party spokesperson on Justice, along with a majority of the Oireachtas Justice Committee have waived the requirement for pre legislative scrutiny which would hold up the swift passage of the emergency legislation.

Speaking on the matter, Costello said: “The recent high court judgement that has caused serious difficulties for the operation of criminal prosecutions in the district courts is forcing us to implement a sticking plaster to deal with this emergency”.

“This is only a temporary solution to the wider issues of our courts system.

“I have concerns overall about the role of the Court Presenter which I voiced recently during scrutiny of the Garda Reform legislation. In addition, there remains ongoing delays in District Court lists due to the lack of judges and low legal aid fees are also leading to a shortage of defence counsel”.

“It is important that the fixing of this emergent issue by Government is facilitated, but it also has to be acknowledged that the wider issues in terms of case management won’t be fixed without an increase in the overall number of district court judges.”

Last week’s judgement from Ms. Justice Bolger threw doubt over criminal proceedings in District Courts nationwide. The Judgement stated that only a Garda who has initiated and conducted a District Court prosecution has the right of audience before the District Court. The ruling effectively ended the practice of a Court Presenting Sergeant carrying out prosecutions on the instruction of rank-and-file Gardaí who could then remain on duty away from the courts.