Owen adds 16th name to Courts Services Board

THE Government has insisted on adding a 16th member to the proposed Courts Services Board, giving judges and non judges equal…

THE Government has insisted on adding a 16th member to the proposed Courts Services Board, giving judges and non judges equal representation. The Working Group on a Courts Commission had recommended a 15 member board, with a majority of judges, but yesterday's Cabinet meeting added another name to the list.

The working group listed the 15 voting members of the board. In a press release issued after the Minister for Justice, Mrs Owen, met the Cabinet, the chief executive of the Courts Service, who has yet to be appointed, was listed at the end, as a 16th member.

A spokeswoman for the Department said the addition represented the Government's decision. "The Minister ensured that the press release complied with the Government decision." The eight/seven balance in favour of judges was seen as a way to prevent judicial opposition to the new measure.

The eight members of the judiciary are the Chief Justice and Presidents of the High, Circuit and District Courts or judges of these courts nominated by the Chief Justice or Presidents. Four other judges from each of the courts are also included.

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The seven original non judges consist of one nominee each from the Bar Council, Law Society, the ICTU, a representative of the Department of Justice, a representative of court staff, a court users representative, and a nominee from a business and management body. The Department spokeswoman said the list of 16 was not a definitive list and further members could be added.

The Law Society welcomed the commission's proposals but reiterated its view, put in a joint submission with the Bar Council in 1993, that the management of the courts should not be the responsibility of judges.

"We believe that management issues, the formulation of a development plan and accountability for the resources allocated to the service, must be the responsibility of senior executive personnel trained administrators."

In a statement, the Law Society said it still had reservations on the make up of the board. "For even 50 per cent of the membership of the Courts Service Board to comprise members of the judiciary is something on which the Government should reflect further."

Mr Andrew F. Smyth, president of the Law Society, said solicitors would welcome the news but he was concerned Mrs Owen had not given a commitment either to a date for the establishment of the system or additional financing.

Catherine Cleary

Catherine Cleary

Catherine Cleary, a contributor to The Irish Times, is a founder of Pocket Forests