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Dáil Éireann debate -
Tuesday, 6 Mar 1923

Vol. 2 No. 37

CEISTEANNA—QUESTIONS. [ ORAL ANSWERS. ] - DÁIL LAND COURTS.

To ask the Minister for Home Affairs whether, in view of a recent decision of the King's Bench Division, setting aside a decree of the Dáil Land Court, and in view of the large number of cases liable to be similarly set aside to the grave inconvenience and detriment of litigants, and in view of the excellent record of good work done by the Dáil Land Courts in times of great difficulty, he will introduce legislation as speedily as possible to give statutory protection to the decrees and orders made by the Judge and Appellate Judge of the Dáil Land Courts.

I have given consideration to the decision to which the Deputy refers. I agree with him that the Dáil Land Courts did excellent work and that their operations prevented much injustice, and, I have no doubt, saved many lives. To do this the Courts had at times to go outside the existing law, a course which, in my opinion, was quite proper in face of the state of affairs with which they had to deal. I agree with the Deputy that it would be serious if, at the present stage, there was any general attempt by interested parties to set aside these Courts' decrees. The danger is, however, much less grave than the Deputy appears to think, seeing that practically all the decrees are now covered by assignments. The decree which was the subject of the recent decision was one of the last given by the Dáil Courts. It attempted to settle a very embittered and long-standing dispute, and I have no reason to think that, in the interests of the lives and property of the parties concerned, any better solution could have been come to at the time. I shall have inquiries made into the cases of the few decrees which are not covered by assignments, and will see that such steps are taken as may be found necessary.

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