Legal professionals say Donegal Town's court service must be reinstated

Members of the legal profession in Donegal have formally laid out concerns about the closure of Donegal Town Courthouse.

And they have urged the powers-that-be to ensure that the service is not lost to the community.

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It follows an announcement in late September that the courthouse was to close due to health and safety concerns. All hearings would instead take place at Ballyshannon Courthouse.

At the sitting of Donegal District Court in Ballyshannon on October 1, solicitor Diarmuid Barry addressed the court on behalf of the legal practitioners,

He said: “I have been asked by my colleagues to formally protest the closure of the Donegal Town courthouse. It poses an added inconvenience to the general public at large particularly those in areas such as Glencolmcille. There is no public transport to this courthouse from Glencolmcille.”

Mr Barry said he had witnessed similar situations in other parts of the county, where the courthouses had never reopened.

“Glenties is hanging on by its fingernails,” added Mr Barry.

He said that while he understood the reasons for Donegal Town Courthouse being closed, the issue was not a new one.

“20 years ago we were supposed to a site on the outskirts of the town,” he said. “That never happened

“Now we are facing a prospect that it might not reopen.

“I hope that the Department will be very mindful of budgets coming up and that they will build a new courthouse in Donegal Town.”

Judge Éiteáin Cunningham acknowledged the matters raised by the legal fraternity and the concerns of the people of Donegal Town. 

The judge said she hoped that the closure would indeed be temporary. 

“I will be advocating for the people of Donegal and the wider community for a courthouse in Donegal Town.”

In a statement issued by the Court Service, a spokesperson said: "The Courts Service have recently been advised by the Office of Public Works (OPW) that due to Health and Safety concerns with Donegal Courthouse, it is no longer safe for public use.

"The OPW have confirmed that they have organised for a full building condition survey to be carried out. Following receipt of the full building condition survey report, the Courts Service will consider next steps.

"We apologise for the disruption this will cause for Court users."

Mayor of Donegal Town Anna Gallagher said she had contacted public representatives for support in maintaining the court service in Donegal.

Deputy Pat the Cope Gallagher TD has called on the Minister for Justice Jim O’Callaghan, through the Courts Service, to immediately commit to bringing Donegal Town Court House to the highest standards for safety and for a place of work for all who use it while at work.

“For too long, the issue of an upgrade for Donegal Town has been delayed and stalled,” he said. “A partnership approach with all bodies - the OPW, Department of Justice, as tenants involving Court services and Donegal County Council as landlords needs to immediately resolve the issues and sort out the court building without delay.”

Sinn Féin’s Deputy Pearse Doherty and Cllr Noel Jordan have called for an immediate assessment of building. 

Deputy Doherty said: “There is no timeline at all as to when this court service will be back up and running in Donegal Town. Indeed there is no certainty even that the work will be carried out from the statement we have from the Court Service. The fact that it has been allowed to deteriorate to such a fashion that the ceiling is falling in is just indicative of the lack of investment that we are seeing here in this county.

“Our challenge here now to the Court Service and the OPW is to make it very clear the time frames in terms of the inspection of the courthouse and also the works that will be carried out, and a cast iron guarantee that the court service will be back up and running here in Donegal Town without delay.”

Cllr Jordan had previously voiced concerns about the condition of the courthouse. 

He said: “We need assurances from the OPW, and Donegal County Council play a huge part in this. The Minister For Justice needs to address this by giving assurances to the people of Donegal here that these services will remain. We saw a state service removed here recently, the Donegal Education Centre, and we don’t want to see that happen again.”

Cllr Jimmy Brogan (Ind) said: “This is another blow to Donegal Town and while I was aware like everyone else that the building was in need of a refurbishment, there was never any indication or mention of safety concerns nor was there a risk of the building having to close."

He called for the survey and subsequent required works to be carried out as soon as possible so that the courthouse could be reopened. 

Senator Manus Boyle raised the issue with Minister O’Callaghan in Seanad Éireann.

The senator said: “The Donegal people are very concerned that the building could be closed permanently. I am asking the Minister For Justice to clarify a few things: Are there plans to refurbish and reopen the courthouse? What assessments have been carried out regarding the building’s condition and the future of the courthouse? Is there funding in place to preserve this important civic building?

“This issue is not about the infrastructure, it is about maintaining the presence of justice in our community and respecting the heritage of Donegal Town.”

The minister said he was advised that the OPW had organised a full building condition survey including a mechanical and electrical condition survey. A timeline and costing for the survey is being awaited. 

Meanwhile, suitable temporary venues within Donegal Town will be explored. 

The district court sits in Donegal Town on the first Wednesday of each month, as well as on the second and fourth Mondays. The Donegal Town Courthouse also houses the Coroner's Court on occasion, and prior to Covid-19, circuit court sittings were held there. Donegal Circuit Court now sits in Letterkenny due to bigger capacity and more advanced facilities.

According to the National Built Heritage Service, Donegal Town Courthouse was built in 1833 at a cost of €800, largely of ashlar sandstone. The original building consisted of two storeys over basement offices and former bridewell (jail) to the rear. It was extended in 1891 having a single-story porch to the front, and two-storey split level extension to the north-west. 

The courthouse was set alight and damaged by the IRA in 1922, a fate suffered by many buildings of its type throughout Ireland between 1919 and 1923. It was later reconstructed by William James Doherty (1887 – 1951), an architect from Derry City who worked extensively in County Donegal from the 1920s.

Today, the courtroom retains its classic layout and fixed timber bench seating, panelled dock, pedimented panel to rear of judge’s chair, gallery with cast-iron supports and timber panelled balustrade.

Of major architectural significance, Donegal Town Courthouse sits on the town's Diamond and Tirchonaill Street alongside some of the town's most historic buildings - Donegal Castle and the Church of Ireland parish church.