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Dáil Éireann debate -
Tuesday, 25 Sep 1923

Vol. 5 No. 3

QUESTIONS ON THE ADJOURNMENT. - COURTS OF JUSTICE BILL, 1923.—SECOND STAGE.

I beg to move the Second Reading of the Courts of Justice Bill, 1923. There are just a few words I would add to the explanation which I made in introducing this measure. Its main and most notable feature, other than that of District Justice Courts, which could hardly be described as quite new, by reason of the fact that they have been in existence for some time and have given considerable satisfaction, is the scheme of Circuit Courts which has been borrowed to a large extent from the Dáil system or, for members who may not have been in close touch with that system, to the system of Courts set up under the First and Second Dáil. These Circuit Courts will take the place, firstly, of the existing County Courts, and, secondly, so much of the High Court jurisdiction as related to the everyday legal business of the country which ought to be disposed of locally. They will deal with cases of actions in which sums of money up to three hundred pounds are involved. They will also deal with actions in connection with land where the land does not exceed in annual value £60, and they will deal with the administration of property up to £1,000. They will also deal with criminal business, but not the graver criminal charges which are capital offences. The Judges will keep moving about from place to place during the year, sitting to hear cases with ample time for the consideration of them. In that respect they will differ much from the old system, from what is called the old British circuit system which gave rise to some abuse by reason of the inadequate time allowed for the hearing of cases.

Any possible congestion of business under the Circuit Courts will be relieved by the transfer to the District Justices of small actions, including those for shop debts up to £25 and for small cases in which claims for damages arise or trespass up to £10, and the smaller classes of ejectment cases. There will be reserved to the High Court the important cases in so far as is indicated by the amount involved and in so far as the importance is indicated by legal questions sufficient to justify the transfer of the hearing to the High Court. Instead of the old system of appeals, which, I think, is generally admitted to have been a failure in this country, appeals from the County Court will be taken on verbatim notes of the evidence and of the Judge's charge. This is considered by people who have had experience to be a great improvement in the administration of justice. Another new feature of the Bill will be the Central Criminal Court set up in Dublin, for Dublin and the counties immediately surrounding, for the graver classes of offences, to which the death penalty attaches, and other cases which, owing to special circumstances, it might be considered necessary to transfer to that jurisdiction.

The Bill also provides in a criminal appeal something which has been long agitated for in this country and may be regarded, perhaps, as the first step in more extensive criminal reform. The pinnacle of the structure is the Supreme Court of Appeal, which will now for practical purposes be the final Court of Appeal in this country, and which it is desirable to set up as soon as possible in order that the Court of last resort may command the confidence and respect of the people.

Question: "That the Courts of Justice Bill be read a second time," put and agreed to.
Committee stage ordered for Wednesday, 3rd October, 1923.

Deputies should send in amendments as early as possible, but not later than next Monday.

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