Concern that temporary transfer of Mallow courts to Fermoy and Cork city may be made permanent

MALLOW'S District and Circuit Courts and Family Law Courts are to be transferred to Fermoy and Cork city while building upgrades are carried out on the ageing building, a Cork TD has learned.

Labour Party Cork East TD Seán Sherlock raised the matter in the Dáil, saying there was a danger that once services were centralised, they would not return to Mallow.

Mr Sherlock told the Dáil that it has come to his attention in the last few days that it is the intention of the Courts Service to move District Court Number 20 in Mallow, to Cork city.

It would have a “massive impact for the region in terms of the administration of justice,” said Mr Sherlock. “I say that because in terms of criminal proceedings, Mallow hosts sittings on the first, second, third, and fourth Tuesday, in each month.

“In respect of Civil Proceedings, it hosts Courts on the first second third and fourth Tuesday in each month, and on the first Wednesday in each month in relation to Juvenile and Family Law cases. And also, on the second Wednesday in each month in relation to Childcare and HSE proceedings. I’m given to understand that the sittings will move to Washington Street in Cork. 

"I’m also given to understand that the Court Service administration will be retained in Mallow. I am deeply worried that there is a policy now to centralise more and more District Court sittings by the Courts Service.

“And this is happening without any proper scrutiny of that policy by the Courts Services. We are very limited here to scrutinise those. The only opportunities we have as TDs is to put down topical issues, because we are told the Courts Service is independent, and so it should be, and we acknowledge that. But there are issues in relation to the administration of justice. 

"And I am particularly concerned in relation to family Courts in particular, and also in relation to the seeking of specific orders, whereby if a woman - and it is largely women - comes before the Court seeking a protection order in relation to domestic violence or gender-based violence. And that service is not available now at the most local level in the District Court. And that person is now forced to go to Cork, and may not be in a position to go to Cork city.

“I am genuinely worried. It happened in Youghal, it’s now happening in Mallow and there is no scrutiny of what the Courts Service is doing. I’m asking the Minister to please use his good offices and to intervene with Minister McEntee, if at all possible, because the Minister herself has put particular emphasis on combatting gender-based violence, and acknowledged the stark domestic violence figures that exist in this country."

€1.2M COST

Deputy Niall Collins TD spoke on behalf of Minister Helen McEntee. “As the Deputy will be aware, management of the Courts operational matters and logistical functions are the responsibility of the Judiciary and the Courts Service which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers under the Constitution.” 

Minister McEntee has no role in overseeing the Courts Service. However, it is the Minister’s understanding that the OPW commissioned a report in late April 2021 to identify remedial works required at Mallow Courthouse. The project involves addressing water ingress issues throughout the building in Mallow. 

Defective elements include pitched and flat roofs, windows, and parts of the exterior wall. The refurbishment will also include fire safety upgrades in line with modern building standards. The works in Mallow are due to take six months, with a cost of about €1.2m. 

“The refurbishment works at Mallow Courthouse will ensure the future of Courts and Court Services in Mallow and the surrounding areas,” said Mr Collins. During the refurbishment period, the Courts Service will be opened at Fermoy town.

Minister McEntee has been informed by the Courts Service that no staff will be in Mallow Courthouse as the extent of the refurbishments will necessitate a vacant position for the builders. All counter queries and phone calls will be directed to Fermoy Court Office for the duration of the project.