THE Department of Justice is redrafting ministerial orders made to cope with the Donegal district courts crisis, after the initial orders were found to be legally inadequate.
The move has added a new layer of complexity to what the State Solicitor for Donegal described yesterday as an "unmitigated disaster" for the county.
The crisis began on Wednesday when a Donegal judge hearing cases in a hotel struck out 250 summonses after learning that there was no planning permission for the venue to be used as a court.
On Thursday the acting Minister for Justice, Mr Richard Bruton, signed 12 orders directing that all district court cases in the county be held in courthouses.
Mr Bruton is acting Minister as the Minister for Justice, Mrs Owen, is visiting gardai in Bosnia and Cyprus.
Late on Thursday night Mr Bruton was advised that the orders were inadequate and that "more comprehensive" orders were needed. The matter had become urgent because Judge Thomas Fitzpatrick, who had thrown out the 250 summonses, was due to sit again yesterday in a non courthouse venue at Stranorlar, Co Donegal.
The Minister revoked the original order relating to Stranorlar and made a second order, a Department spokeswoman said. "The thrust of what was originally done was correct, but the legal advice was that a more comprehensive order was needed for legal and technical reasons," she added.
The other 11 original orders are still in force, but new ones are expected to be drafted over the weekend, in preparation for next week's sittings in other Donegal districts.
The order relating to Stranorlar directed that all court proceedings be held in Letterkenny courthouse.
At the courthouse yesterday Judge Fitzpatrick heard legal arguments that by transferring proceedings to areas where here is a purpose built building, the Minister was usurping the exclusive powers of the judge to adjourn cases. But he ruled that the court could go ahead.
The judge said he was confident that the complicated matter of planning permission would be thrashed out in the higher courts.
The county's State Solicitor, Mr Kieran McLaughlin, described the situation as "an unmitigated disaster" for the county.
"If this is the situation, at the end of the day there will be just four court locations in Donegal, resulting in members of the public and the legal profession having to travel great distances," he said.
Mr Paudge Dorrian, who raised the issue of planning permission on Wednesday, stressed he was in favour of remedial action being taken but argued that the Minister was not confronting the problem in the best way.
He said there was a question mark over the summonses which appeared before the court, as the venue stated was incorrect. However, this was later overruled by the judge.
Appearing at the request of the Attorney General, Mr McLaughlin stressed that the Minister had acted to ensure law and order would prevail. The Minister had ordered a change of venue and the court did not have the power to ignore this order, he contended.
The County Council legal representative, Mr Patrick McMullan, said the issue had never been raised anywhere before. The State body responsible for determining this vexed question was An Bord Pleanala.
The Government has sought the advice of the Attorney General on events in Donegal, which could have implications for the 100 non courthouse venues throughout the State. The Attorney may seek a High Court declaration that the use of such venues is valid.