Written Answers. - Courts Service.
381 Mr. D. Carey asked the Minister for Justice, Equality and Law Reform the person responsible for listing in the Supreme Court; the function exercised by the Chief Justice regarding listing in the Supreme Court; the length of time it takes to get a case listed for hearing after it has been set down and all bundles for the appeal filed; the number of cases waiting for a listing date; and the oldest case waiting for a listing date. [5534/02]
Comment on this
382 Mr. D. Carey asked the Minister for Justice, Equality and Law Reform the person responsible for listing in the Circuit Court; the function exercised by the President of the Circuit Court regarding listing in the Circuit Court; the length of time it takes to get a case listed for hearing after it has been set down and all bundles for the appeal filed; the number of cases waiting for a listing date; and the oldest case waiting for a listing date. [5535/02]
Comment on this
383 Mr. D. Carey asked the Minister for Justice, Equality and Law Reform the person responsible for listing in the High Court; the function exercised by the President of the High Court regarding listing in the High Court; the length of time it takes to get a case listed for hearing after it has been set down and all bundles for the appeal filed; the number of cases waiting for a listing date; and the oldest case waiting for a listing date. [5536/02]
Comment on this
I propose to take Questions Nos. 381 to 383, inclusive, together.
In relation to the Supreme Court, cases which are certified by the appellant as being ready for hearing are included in a list to fix dates. Lists to fix dates are held once or twice a term at which dates for hearing are allocated by the Chief Justice.
At present, 31 appeals are awaiting dates for hearing. These include a number of appeals previously allocated dates but which had to be displaced to allow the courts to deal with the Abbeylara appeal and three urgent immigration appeals. Dates will be allocated for these appeals at the next list to fix dates which is scheduled for 28 February 2002. In terms of total time, an appeal would normally have a hearing date between three to six months from the date on which it was certified as being ready for hearing. Excluding cases displaced by the Abbeylara and immigration appeals, the oldest case waiting for a hearing date was certified as ready for hearing in late December 2001.
Comment on this
384 Mr. D. Carey asked the Minister for Justice, Equality and Law Reform the function of the Courts Service agency; the number of Supreme Court judges; and when the Supreme Court sits as a court of three or five judges. [5537/02]
Comment on this
The functions of the Courts Service as set out in section 5 of the Courts Service Act, 1998 are as follows: to manage the courts; to provide support services for the judges; to provide information on the courts system to the public; to provide, manage and maintain court buildings; and to provide facilities for users of the courts.
The number of Supreme Court judges is fixed by law. The present statutory number of judges is eight, including the Chief Justice.
The question of whether the Supreme Court sits with three, five or seven judges is a matter for the Chief Justice, save in so far as there is a specific provision in the Constitution that matters be heard by a court of not less than five judges.
Under section 7(5) of the Courts (Supplemental Provisions) Act, 1961, an appeal to or other matter cognisable by the Supreme Court under Article 12 or Article 26 of the Constitution or a question of the validity of any law having regard to the provisions of the Constitution shall be heard and determined by not less than five judges of the Supreme Court.