This is a rather long and an important Bill, and it will be necessary for me to deal at some length with the provisions so that Deputies may have as clear a picture as I can convey of the system of court administration in the future. It will be one of the last of the measures by which the administrative machinery of the courts is being built up. When the Execution of Court Orders Bill, this Bill and a Jurors Bill are through, the administrative machinery of the courts will be complete. This Bill deals mainly with the question of court staffs, from the Supreme Court down to the District Court. There are, however, some other matters of considerable importance, relating to the administrative side of the courts, which are also dealt with, and I think it may be convenient, before moving to the question of court staffs proper, if I deal with some of these relatively extraneous matters. There are, for instance, covered by the Bill such matters as court fees, the question of the Fines and Fees Fund, the question of the District Probate Registries, summons servers, the abolition of the office of high sheriff, and the provision for the gradual disappearance, rather than the abolition, of the office of under-sheriff.
Dealing first with the question of court fees, which Deputies will find covered in Section 48, the proposal is that these should be fixed by the Minister for Justice, with the sanction of the Minister for Finance. That is, of course, a change. The present position is that these fees are fixed by the rule-making authorities, that is, in practice by judges and professional men—solicitors and barristers. I hold the view that the question of the extent to which litigants should pay for the cost to the State of administering justice, which necessarily involves the extent to which that cost is to fall on the general taxpayer rather than on the litigants themselves, is not a judicial or a legal one, and it should lie with Executive Ministers, who will have to answer any complaints that may be made on the subject.
In fixing these fees, of course, the general principle on which we would propose to base our charges is that the administration of justice in civil matters should, as nearly as possible, pay for itself, but that in criminal matters the cost should be borne by the State. Once that principle is established the only difficulty is to apportion the fees accordingly, and that is really a matter for experienced officials rather than for judges or professional men. The opinions, of course, of judges and of practising lawyers, whether barristers or solicitors, would be of value in a matter of the kind, but there would be no difficulty in practice in securing their opinions when the question of the final fixing of fees comes for review and decision. That change, therefore, is definitely proposed by the Bill.
Sections 42 and 43 bear on the Fines and Fees Fund. The present law on the matter is that in general all fines and District Court fees go into a fund called the Fines and Fees Fund, which is the primary source for the payment of the salaries of District Court clerks and the pensions of the retired Petty Sessions clerks. It is not a sufficient source; it has to be supplemented by a Vote of the Dáil. The Fines and Fees Fund itself does not produce more than £25,000 per annum, whereas the salaries of the existing District Court clerks amount to about £30,000 per annum. Pensions of retired Petty Sessions clerks and retired headquarter officers amount to over £25,000, and salaries of existing headquarter staff, and considerable incidental expenses, bring the total cost of the District Court Clerks' Department, including all officers, past and present, to about £65,000. This £65,000 does not include the District Court clerks in the Dublin Metropolitan area, who are paid out of voted monies. The position, therefore, is that every year it is necessary to find approximately £40,000, over and above the income of the Fines and Fees Fund, to meet the expenses of the District Court clerks and their Department. In the past that additional annual sum had been obtained out of the annual yield of Dog Duty, but Dog Duty, as some Deputies will remember, has since the 1st January last become an Excise Duty, and the enactment under which it was formerly available to supplement the Fines and Fees Fund has been repealed, so that in future, if the Fines and Fees Fund were retained we should be in the position of having to look to the Dáil to vote an annual sum of about £40,000 to supplement the Fines and Fees Fund.
Under the circumstances it has been decided to abolish this special fund altogether, to pay the fines and fees into the general Exchequer, and to ask the Dáil to vote annually the necessary money for the pensions, salaries, and expenses of district court clerks, in the same way as the Dáil votes the money for the pensions, salaries and expenses of the other court officers. Perhaps I spoke rather loosely when I referred to the pensions, salaries and other expenses. What I mean is that the pensions of the petty sessions clerks are borne out of this Vote, and it is in that connection that I spoke of pensions. We propose to enact that in future all court fees and all fines shall go into the Exchequer direct instead of into a fund, and it will be observed that there is a provision for the making of orders under which certain classes of fines may be paid, not into the Exchequer, but in other directions to be specified in the order. The reason for that is that at present under various statutes there are certain persons and bodies having a right to certain fines or portions of certain fines. Local authorities, the Gárda Síochána Reward Fund, and Fishery Conservators are just a few examples of that, and I have been informed that there is a regular entanglement, or network, of provisions of that kind which it would be impossible for any person to expound clearly. The law on this subject ought to be so simple and so clear that every district court clerk in the country might be expected to tell off the list of all the classes of fines in which vested interests of that kind exist.
It is not at all clear at this stage that all these various vested interests in fines, whatever their origin and however justified they may have been in their origin, are now justified at all. You have rights of that kind created by statute 50 or 60 years ago, but the circumstances have altered so much in the meantime that there seems no longer any justification for the private right. Therefore, our object is, firstly, to clear up the existing confusion as to who is entitled to these rights, irrespective of the merits, and, secondly, to eliminate claims which have ceased to be justifiable in the existing circumstances or claims which are so insignificant in amount as not to deserve a separate existence. Such vested interests as can be defended will be respected, but we want power to abolish and power to retain where retention seems desirable. The elimination of certain claims, certain vested interests in fines of a particular kind, may sound a little as if it were confiscation, but Deputies will advert to the fact that in a great many cases, perhaps the majority of cases, the vested interests lie in some one Government department or another. In most of these cases, therefore, it is simply a question of bookkeeping as between one branch of a department of State and another. As it is, it simply means a lot of unnecessary administrative work.
In Section 47 Deputies will find the question of district probate registries dealt with. Here again, it is rather an administrative discretion that is sought than a definite cast-iron provision. We hold the view that it may be that these local probate registries are not necessary, and perhaps even are not justifiable. The position, at the moment, is that if a person domiciled anywhere in Saorstát Eireann dies, probate of the will. if there is a will, or a grant of administration intestate if there is no will, can be had from the principal probate registry in Dublin. In addition, there are certain district probate registries. There is, for instance, a district probate registry at Cork, Limerick, Tuam, Ballina, Waterford, Cavan, Kilkenny, and Mullingar. Each of these district probate registries has an area assigned to it, a definite territorial area. If a person domiciled in one of these areas dies then a grant may be extracted either in the local registry or in the principal registry in Dublin, according to the applicant's wish. The proportions of the thing are that not quite one-half of the business is done direct with the central probate registry in Dublin.
The following are the proportions in which grants are issued from the district probate registries: Cork, about 1,200 a year; Limerick, about 1,000; Tuam, 800; Ballina, 800; Waterford, 700; Cavan, 650; Kilkenny, 450; and Mullingar, about 400, making a total of 6,000 as against about 5,000 issued annually from the central probate registry in Dublin. There are some differences between the practice and procedure at the principal probate registry and the local registries. For instance, the central registry in Dublin will not issue a grant unless the applicant, or his solicitor, attends in person at the registry. It is obviously more satisfactory for a solicitor in Cork to attend at the registry there than to pay a town agent to attend the principal registry in Dublin. District registrars are often prepared to do business by correspondence. The personal attendance of the solicitor or his agent is not required. In such a case, for instance, a Tralee solicitor could get a grant at the Cork or Limerick district registries without leaving his office and without employing an agent, whereas, if he applied to the principal registry he would have to come to Dublin or pay a solicitor to act in Dublin for him.
It may be true that the staffs in the district registries are prepared to do just a little more for customers, if I may use the word customer, than the staff in the principal registry in Dublin. The explanation of that may lie in the fact, and I think it is a fact, that their remuneration, to some extent at any rate, depends on the volume of business that passes through their particular registry. I have been told, in cases where a paper might be returned by the principal registry in Dublin for one slight correction or another, that the staff in the local registries would be prepared to make the alteration themselves. But apart from considerations of that kind, which are accidental and non-essential, the district probate registry causes a certain amount of delay and confusion rather than speed and certainty. Every application to the district registry has to come to the principal registry before it is passed and, of course, the reason for that is to ensure that there is not an application in the principal registry or a caveat against probate, with the result that the official work of indexing and calendaring is doubled in that way.
We are particularly anxious not to take any steps that would result in any serious inconvenience to litigants or solicitors in the country. But you get the measure of the thing when you remember that there was, and is, I think, a local probate registry in Derry in which, prior to the Treaty and the establishment of the State, the county of Donegal was included. Since the establishment of the State the probate work of Donegal has, of course, no longer been transacted in the district probate registry at Derry. It has had to be transacted entirely with the principal probate registry in Dublin, and I have heard no suggestion from any quarter that that has caused inconvenience. It has never been represented to us, for instance, that Donegal, owing to the partition, ought to be assigned to some other local probate registry.
Therefore, what is sought in the Bill is not so much specific provision to close down these local registries but the permissive power to do so if, on examination and as a result of administrative experience, it is considered advisable. I do not put the thing higher than that. I am not asking that the Dáil should by statute abolish or close these local probate registries, but that we should have administrative power to close them if we are satisfied that that can be done without causing any real inconvenience to anybody, either to an ordinary citizen or a practising solicitor. We come now to the question of summons servers under Section 38. At present there is a distinction between the manner in which the writs of the different courts may be served. High Court writs may be served by anybody, and Circuit Court processes are served by civil bill officers, who are paid about £20 per annum by the State and who get fees in connection with each service. District Court summonses are served by summons servers, and it is proposed to establish uniformity in the way in which summonses and writs of the various courts are served by establishing one single corps of summons servers.