THE Government has approved proposals to conduct a radical overhaul of the administration of the courts. This includes the establishment of an independent Court Services Board to take over the management of the system.
Cabinet yesterday authorised the publication of the first report of the Working Group on a Courts Commission - chaired by the Supreme Court Judge, Mrs Justice Denham.
Ministers also adopted in principle the Working Group's fundamental recommendation that an independent, permanent and statutory body be set up to manage a unified court system rather than the current system that is acknowledged to be in crisis.
Unveiling the report, the Minister for Justice, Mrs Owen, said the Working Group would now report back on how the new Court Services would be established.
Without a decision on how the system would actually be managed, Mrs Justice Denham would not have been in a position to investigate further changes, the Minister said.
However, Mrs Owen could provide no time frame for the implementation of the changes nor could she elucidate on the budgetary implications.
"It is not a case of just throwing a whole lot of money at the courts. It is a case of getting a new effective management structure to reflect today's needs in our courts. We know how things have begun to seize up in the courts because of the volume of cases but also because of the manner in which perhaps work is done down there and perhaps the lack of coordination between some structures," she said.
This report was likely to generate considerable public debate and she wanted to allow time for consideration. As a result, she did not wish to place any deadlines on the working group or on the establishment of the new Court Services but reform of corresponding structures in Northern Ireland took at least two years.
Meanwhile, the Minister will hold political accountability for the financial and administrative management of the service and retain responsibility for matters of overall policy in relation to the courts including relevant legislation, jurisdiction levels and the number and terms of appointments of the judiciary.
The Minister set up the Working Group in November 1995 under Mrs Justice Denham to review the operation of the existing courts process. Mrs Owen said yesterday that, after receiving submissions on a whole range of changes, the group decided to look at the overall management of the courts and suggest a way in which the system might be more effectively run.
"Instead of sending me a number of small reports with bits and pieces of changes, they decided they needed a decision on the overall way in which the courts structure would work. The Working Group has chosen a very radical model."
It represented the first fundamental change in the way courts operate and how they were managed since their foundation in the 1920s. This change had been sought for many years and was in keeping with the Coalition's Programme for Government.
The courts were managed by a number of "disparate" agencies at the moment, including the Department of Justice, the Office of Public Works, county councils, court registrars and the judiciary.
While those working in the courts had "given a very fine service to the State" as more legislation was passed and consumer demand on the service increased, the system had become overloaded.
The new body will act as an agency of the State and comprise a board chaired by the Chief Justice or a Supreme Court judge nominated by the Minister. The body will also consist of members of the judiciary and representatives of those using, or otherwise involved in the work of the courts. A chief executive officer will be recruited by means of open competition.
"I will now ask the Working Group to progress that decision and come back to me with an implementation report as to how we make progress. Obviously, legislation will be required," the Minister said.
Eight hundred people worked in the court system and the report stressed their role was very significant. No changes should be made without the full co operation and involvement of the start.