County registrar loses staffing battle

The officer appointed to run the circuit court office in Co Kerry has lost a High Court challenge over the alleged failure of the Courts Service to provide him with replacements for key staff who have retired.

The chief executive of the Courts Service has the power to decide the number and grade of staff assignedto Kerry County registrar Padraig Burke’s office in Tralee, Mr Justice John Hedigan ruled yesterday.

Mr Burke, who is also the county sheriff and returning officer for elections, said he was being seriously impeded in the discharge of his functions by the failure to address his staffing concerns.

Following the retirement of four experienced frontline staff, including the chief clerk, his office has been down three out of a total complement of nine staff members, he said.

Mr Burke was appointed county registrar in 2006.

He sought a number of declarations from the High Court including that the Courts Service is obliged to respect his independence, powers, duties and functions. He argued the law appointing him accorded priority to his position and powers and had not been reduced by the Courts Services Act 1998 under which the chief executive of the Courts Service operates.

The Courts Service denied it failed to replace essential frontline staff in the manner alleged or that it failed to engage effectively with him. It argued the court declarations he sought were vague, futile, confer no benefit and serve no useful purpose if granted.

Mr Justice Hedigan said Section 20.1 of the Courts Service Act 1998 “trumps the provisions of the Courts Acts” under which Mr Burke functioned.