The Irish Courts Service is to consult various stakeholders over a proposal by a judge to transfer court sittings from three courts in Cork and Tipperary to two large court venues due to “disgustingly unhygienic” toilets and rat infestations.
Judge Brian O’Shea, who sits in District 21 covering east Cork, south Tipperary and west Waterford, wrote to the Courts Services last month indicating he intends to transfer District Court sittings from Youghal to Dungarvan and from Cashel and Carrick-on-Suir to Clonmel.
Judge O’Shea said he had issued directions for the transfer pursuant to Section 27 (3) of the Courts of Justice Act and Order 2, Rule 1 (2) of the District Court Rules and that he intends the transfers to take effect from November 1st next.
He said the decision was not taken lightly but followed four years of careful consideration of the condition of the court buildings, the operational demands on judges and administrative staff and “the obligations owed to court users, particularly the vulnerable”.
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“The new directions represent not simply a practical rearrangement of judicial sittings but a necessary evolution that reflects the standards we now rightly expect from our justice system in a modern society,” he said.
Judge O’Shea said four of the six courthouses in the district – Carrick-on-Suir, Cashel, Youghal and Lismore, whose sittings were transferred to Dungarvan in 2022 – are “gravely inadequate in terms of their infrastructure”.
He cited the lack of a public toilet in Carrick-on-Suir and the fact that court building itself is cold, damp and infested with mould and rats, which led to a substantial hole in the judge’s chambers. In addition, the stairs are rotting due to a leak.
The public toilets in Cashel are “disgustingly unhygienic” while the interior of the courthouse suffers from chronic damp and the waiting areas are cramped and can only hold a small number of people, resulting in people having to wait outside on family law days, he said.
Youghal remains extremely cold and, in wintertime, it is not unusual for solicitors to ask the judge’s permission to wear jackets or overcoats. Since the building is a town hall and not a courthouse, it lacks the typical purpose-built facilities that a courthouse should have.
In contrast, Clonmel and Dungarvan, the two best equipped courthouses in the district, remain underused, while the smaller venues in Youghal, Cashel and Carrick-on-Suir consume significant time and money in heating, maintenance and staffing, he said.
“These buildings do not meet the basic threshold for health and safety. Their continued use not only offends principles of professionalism and dignity but may in time expose the Courts Service to liability,” he said.
Judge O’Shea acknowledged the transfers may mean some people have to travel farther to court, as Carrick-on-Suir is 21km and Cashel 24km from Clonmel, and Youghal is 29km from Dungarvan, but some people may find themselves closer to court.
“I firmly believe that any minor inconvenience is more than compensated by the benefits of attending court in a warm, secure and properly equipped facility,” he said, acknowledging too that Dungarvan may need upgrades to accommodate the Youghal sittings.
Judge O’Shea also said that transferring the sittings from the smaller court venues to Dungarvan and Clonmel, which are both Garda District headquarters, will reduce the need to deploy gardaí from smaller stations and enhance security at court sittings.
The Courts Service said it would be engaging with the various stakeholders such as solicitors, gardaí and unions representing court staff and others to explore any possible impacts and unintended consequences of the proposed transfers.
The Courts Services said it would also be taking account of the recommendations of the 2023 Judicial Planning Working Group (JPWG), including its view that operation of the District Court should be structured into a smaller number of larger districts.
