Courts Service strongly refutes recent comments made by Judge Neilan. It is not Courts Service' policy to engage in communication with judges through the media. In the eight years since the Courts Service was established it has been very rarely necessary for it to do so.
Regrettably the comments/ statements made by Judge Neilan during a District Court sitting in Tullamore, as reported in local newspapers last week, require a response from the Courts Service.
Judges' concerns are routinely dealt with through well-established channels from board level down throughout the organisation.
On this occasion Judge Neilan made his comments in court - a situation where staff are unable to respond. As on many previous occasions Judge Neilan sought to do a most unfair broad-brush criticism of the Courts Service and its staff without any specifics other than a reference to the reorganisation of the District Court districts.
This reorganisation (the first since 1961) is being implemented as a result of the very significant population and demographic changes in population since 1961. The proposals, which address the demographic and population changes and align District Court districts with county boundaries, were approved by the board of the Courts Service - which is chaired by the Chief Justice, and includes the president of each of the courts, and a judge elected by their colleagues from each of the court jurisdictions.
The proposal was approved following their acceptance by judges of the District Court at a meeting, which was attended by the vast majority of District Court judges. Phase one, which covers the eastern half of the country, was successfully implemented on January 1st last, without any difficulties for judges, lawyers, the gardaí, other court user groups and the public who use the courts. Phase two includes Judge Neilan's district and will be implemented later this year.
Judge Neilan has consistently refused to meet those organising the changes to discuss the detailed arrangements.
The reference to the letter from the president of the District Court relates to an ongoing issue of persistent late sittings in Judge Neilan's district. The vast majority of courts nationwide finish between 4pm and 5pm nationwide. The staff who work in the courts and court offices, like everybody else in the country, have family, childcare and domestic commitments, etc. They must also complete follow-up business following the actual sittings. Court staff nationwide have consistently demonstrated a flexibility and willingness, second to none, to accommodate late sittings, where such late sittings are unavoidable.
However, staff cannot be expected to continue with late sittings on an ongoing basis, nor will they be allowed to do so by the Courts Service. The Courts Service as an employer has obligations to staff, similar to every other employer, in relation to working hours, working time legislation, health and safety in relation to lunch breaks, etc. Judge Neilan's references to these hard working staff as lazy, etc, is simply unacceptable, denigrating, gratuitous and very demoralising for staff who at every turn seek to assist him.
The complaints made by Judge Neilan about insufficient sitting days in county towns will actually be remedied by the reorganisation with which he refuses to engage in.
The Courts Service as an employer must, and will, protect its staff against unfair, unjust and unwarranted comments such as those made by Judge Neilan.
To do otherwise, would put the service in breach of its legal obligations as an employer and create a situation where staff will simply refuse to work in the District Court offices in Judge Neilan's district.
They will, and have, sought transfers to other offices, either in the Circuit Court or in other District Courts districts.
Courts staff have been instructed that they are not to work excessive hours other than in genuine situations, which they do admirably throughout the country and which is not abused in the vast majority of districts.