Cork solicitors oppose judge's move to close Youghal courthouse due to 'unbearable' temperatures

Judge wants sittings to be transferred to Dungarvan but solicitors say proposal mainly 'relates to the cold' and describe the direction as 'neither proportionate nor reasonable'

Solicitors contend relocating from Youghal to Dungarvan would be highly expensive and present travel difficulties for many attendees, including gardaí, but particularly the most vulnerable and underprivileged.

Solicitors serving Youghal District Court have formally expressed their strong opposition to plans to close the town’s courthouse later this year which, they claim, is motivated by a judge’s dissatisfaction with the courtroom temperature.

The group of seven practitioners submitted their concerns, upon invitation, to the head of District and Circuit Court Operations.

Judge Brian O’Shea issued a notice of directions calling for the twice-monthly sittings to be transferred 20km to Dungarvan from November 1.

The notice also directed Cashel and Carrick-on-Suir courts be transferred to Clonmel.

Judge O’Shea describes the Youghal courtroom’s temperature as sometimes “almost unbearable”, and the basic facilities as “below standard”.

By comparison, “purpose-built” Dungarvan court house offers “controlled access, secure judicial parking, suitable waiting areas, consultation rooms, and the infrastructure required for modern hearings”, he says.

In the lengthy submission, the Youghal solicitors say the proposed move to Dungarvan mainly “relates to the cold” and describe the direction as “neither proportionate nor reasonable”.

The submission explains the low temperature is only occasional and arises when the storage heating system is accidentally overlooked the previous evening.

They add the judge’s bench, being located near a stage and prone to a downdraft, can easily be repositioned.

Youghal court sits upstairs in the Mall Arts Centre auditorium above the municipal district offices. It is accessed by a stairway leading from a glass annex where they can consult for hearings.

The solicitors insist the facility has ample space, whereas two consultation rooms in Dungarvan are so small and inadequate many consultations occur outdoors.

It further argues the Youghal centre provides modern toilets for use by all, contrary to Dungarvan.

The solicitors contend relocating would be highly expensive and present travel difficulties for many attendees, including gardaí, but particularly the most vulnerable and underprivileged.

They also fear a “hugely detrimental” impact on domestic abuse victims seeking “immediate relief”, due to Dungarvan, unlike Youghal, not having a weekly private room for applications. Applicants would instead have to travel to Waterford City, they say.

As the submission notes, there are no holding cells at either court, but in 2008 a high standard court services building, with (CCTV-monitored) holding cells, courtroom and consultation quarters was constructed in Youghal (at a cost of €1.2m).