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Thursday, February 04, 2010

Courthouse lies idle

Enniscorthy courthouse, on which more than €1/2m has been spent in repairs and consultation fees, continues to lie idle after work first began on it over two years ago.

And while the town’s courthouse has itself remained closed for all that time, its users have to continue making round trips of a minimum of 25 miles, and in many cases much more, to another venue on each of the four court sitting days of every month.

Even more alarming are fears of the likelihood that this situation will continue well into the future because of economic factors, raising the possibility that the original building in Enniscorthy may never re-open.

Fears of permanent closure of the courthouse in the town have surfaced periodically, and it has now emerged that the suggestion may, in fact, contain more than a grain of truth.

As it stands, the business of Enniscorthy District Court is now dealt with in a building rented to the Court Services at Ardcavan Business Park, between Castlebridge and Wexford town, the facility also hosting sittings of some other district courts.

This situation means massive ongoing discommoding for all involved in various aspects of weekly court hearings, including Gardaí, members of the legal profession, and accused defendants and all witnesses in the cases.

The Ardcavan facility is leased by the State’s Courts Service at a cost of €90,750, a sum which it should be stated, however, does not involve any additional costs for Enniscorthy court’s sittings there.

The courthouse in Enniscorthy dates back to the days of British rule. Initially, what was deemed urgent work on it was carried out on health and safety grounds, with further work planned on a phased basis.

Phase one of the refurbishment work cost over €411,000, according to the Courts Service. In addition, to date, Phase 2, which relate to a design team, has involved fees in excess of €115,000.

Phase 2 plans include an extension of the existing building to improve access and circulation of movement for the public, the court judge and prisoners, along with provision of holding cell accommodation, consultation rooms, legal practitioners’ room, toilets and access for people withi disability.

The Service points out to the ‘substantial’ costs of providing this additional accommodation, particularly in the light of the economic downturn, leading the project ‘to having to be reviewed.’

Courts Services CEO Brendan Ryan concluded, “All available funding is being allocated on a priority basis to areas of large population (including cities), where the buildings are open to the public five days per week.”

He adds that he is unable to say, at this stage, what the future prospects are in respect of work on Enniscorthy courthouse, pending an overall review of its building programme, which is at present underway.

According to Enniscorthybased solicitor John Burke-O’Leary, of local legal firm FrizelleO’Leary and Co., the issue of lack of a local courthouse in Enniscorthy is affecting people using the courthouse, including many of his own clients.

He says that the moving of the sitting of Enniscorthy Court away from the town (to Ardcavan) is definitely an issue with those asked to appear at the court, but who have found themselves having to then make an additional journey to do so.

“People are under enough pressure without this”, he said, “In some cases, the situation becomes confusing for some when they arrive at the town courthouse and then find they have to make their way to Ardcavan.”

The fact that the situation has been ongoing for over two years (2007) is much longer than expected, Mr. O’Leary told ‘The Echo.’: “It’s an exceptional situation, and we are told it is a temporary provision. But any suggestion that it could become a permanent arrangement is unacceptable.”

But local TD Paul Kehoe says he is outraged by the whole thing, describing as ‘scandalous’ the situation whereby over half a million euro has been spent on Enniscorthy’s courthouse, between refurbishment works and design fees for addiotnal works, and yet the building is still not in use.

He said, “Apparently a further phase of development is planned, but the budget is no longer available to carry out the work, so meanwhile the building lies idle, despite the fact that €411,000 was spent on refurbishing it. “It’s a scandalous waste of taxpayers’ money”, Deputy Kehoe summarises.

The situation echoes a similar one in New Ross, where members of the local legal profession have joined forces in efforts to prevent the area’s court moving indefinitely to Ardcavan.

Four New Ross solicitors have even brought the matter to the High court, seeking judicial review against the Courts Service Executive in what is a landmark move.

Joined by TD Sean Connick, their action cites Section 26 (1) (G) of the Courts of Justice Act, which stipulates that court sittings should be within one mile of an area’s boundary.

The business of Enniscorthy District Court’s area, which includes business of the former Bunclody District Court, even takes in south Co. Carlow.
 

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