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Dáil Éireann debate -
Wednesday, 29 Apr 1931

Vol. 38 No. 4

In Committee on Finance. - Vote 31—Office of the Minister for Justice (Resumed).

Debate resumed on the following motion:—
That a sum not exceeding £26,931 be granted to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1932, for the Salaries and Expenses of the Office of the Minister for Justice.

On the adjournment the other day I had almost concluded the remarks which I intended making to the House. It is not my intention to go over any of the matters which I dealt with on that occasion. I think I have dealt with all the points raised which could be regarded as of any importance except possibly one point and I will deal with that point now. It is a point to which attention was drawn at some little length. It is the point that the fees paid to sheriffs were excessive. The principal fee which is paid to the sheriff is a fee of very long standing. It is a fee of 1/- in the £ upon the amount collected. All the other fees which are paid to the sheriff are really fees which reimburse the sheriff and his officers for out-of-pocket expenses. I do not see how this scale of fees could reasonably be reduced. It is necessary for the performance of the work of sheriffs that we should have good men as sub-sheriffs and good men as sheriffs' officers. In order to ensure having good and reliable men it is necessary that they should receive something approaching a reasonable remuneration. They are men through whose hands considerable sums of money are certain to pass and, therefore, it is necessary that they should not be underpaid.

I am aware that in certain cases it may appear that the sheriff's fees are altogether excessive in comparison with the amount collected. If the sheriff has a very considerable distance to go and has a small sum to collect, if he is not paid when he reacnes the debtor's house and if he has to seize cattle, to impound them and put them up for sale, the expenses naturally will amount to a very considerable sum. Who is to pay that unavoidable sum? At the present moment the debtor pays it. If the debtor did not pay, either the creditor or the State would have to pay. It would be very unfair to the creditor that he should have to pay. All he wants is the amount of money due to him and he ought to get that. On the other hand it would be extremely inadvisable if the State were made to pay. I venture to think that a very large number of debtors would not pay until the sheriff came, and was put to every possible inconvenience, and until the State was put to every possible inconvenience and expense, if they thought that the extra cost of seizure would not come out of their own pockets. Therefore, I do not see that any reduction could be made in the present scale paid to the sheriffs—one shilling in the £ on the amount collected and their out-of—pocket expenses.

My reference to the sheriff's fees was particularly in connection with the collection of annuities from defaulting land annuitants. That is a very particular case that I think should be dealt with.

What does the Deputy suggest?

The greatest care should be taken beforehand that the goods there are worth taking—that it is not going to be a case of nulla bona. There have been cases where small farmers have had their cattle seized and they only paid for the costs and did not cover the debt.

The sheriff cannot know, until he goes to the place, that it is a case of nulla bona; he cannot tell until he sees whether the man has, or has not, stock upon his land. I venture to think that the Deputy also knows that very often it is a case of nulla bona when the sheriff arrives, because his coming is observed. I think the Deputy will agree with me in that. If the Deputy has any suggestion to make at the moment —he does not appear to have—it will, I am sure, be given every consideration. If he puts any suggestion to the Parliamentary Secretary in that respect I am sure it will receive full consideration.

I am satisfied as long as the matter is left open.

I raised a question with regard to confidential documents. Does the Minister intend to continue the practice of sending out what he calls confidential, but what I describe as secret, documents to the courts? Will the Minister define for me what is a secret and what is a confidential document according to the interpretation of his Department? Will he also say what reason he has for not possessing sufficient confidence in the people prosecuting in the courts? Will he explain why he has found it necessary to communicate with justices in the courts regarding what, in his opinion, should be sufficient penalties and sufficient deterrents? Will the Minister say if he approves of an ordinary citizen sending secret and confidential documents to justices in the courts for the purpose of influencing these courts in a certain way? Also has it been the practice, for some considerable time, to send those secret and confidential memos. to the courts?

I would like to say that I am not at all satisfied with the explanation given by the Minister as to this particular point. I can conceive no object in the minds of the Department who sent this circular except to induce District Justices to increase the fines with regard to particular offences, and I do not agree that that is the way that should be done. If it is the view that certain offences are being dealt with by the District Justices in a way they should not be, and that the fines are not sufficient to meet the charges, there are many things that could be done. Legislation introducing minimum fines might be introduced, or a public statement might be made, but the very worst way is the method adopted in this case by the Department. It can serve no purpose unless it is to induce the Justices to do what their own discretion, up to that at any rate, told them they should not do, and that is undoubtedly interfering with the discretion of the District Justices. I have read the Minister's statement carefully, and I cannot gather from it that he was justified in sending information. I think he did more than send information in this particular way. I think, if that practice is followed, it will create a bad impression in the minds of the public. In the country, Deputies or others with influence are being continually approached by litigants, who are ignorant of the conditions, suggesting that they ought to use influence with the District Justices. I know that Deputies are often compelled to inform them that they have no right, and that nobody has a right to interfere with a District Justice and suggest to him what he should do in any case.

I have done that with regard to suggestions made to me in respect to the School Attendance Act. It has been suggested that the Minister for Justice or somebody else should make representations to the District Justices with regard to the fines inflicted. I have resolutely opposed any such ideas coming from any Ministry or Department to District Justices in this matter. I was very greatly surprised to see that it was possible for a Minister to circulate a private and confidential document to District Justices suggesting what they should do, not in any individual case—that was not suggested——

Mr. O'Connell

I did not understand that it was suggested in an individual case. I rather thought it referred to a class of cases. I think it is wrong and should not be done. I think if it is necessary a public statement might be made by a Minister, or public opinion might be influenced in some way on the matter, but certainly the issue of a circular like this will give the impression to the public that the Minister has the right and power to influence the decision of judges. That is what I object to, and I think the Minister should give an undertaking that it will not be done in the future.

As Deputy O'Connell has pointed out, there is absolutely no foundation for the charge which Deputy Ruttledge hurled at my Department, that judges were being influenced in particular cases. If Deputy O'Connell happens to read that document which appears in the printed returns he will see there clearly stated that it is the duty of the District Justice to decide each particular case as it comes before him, and to do what he thinks is right. That is the only thing which was marked confidential, and it contained simply "Do what you think is right." It was marked "confidential." It might have been marked "personal." It was simply a circular which was meant to reach the District Justice himself. As far as the general document enclosed in it was concerned it was nothing except putting statistics before the District Justices showing that that particular crime was on the increase, and that the penalties up to this were not sufficient to prevent it.

Everyone knows that a District Justice or any other judge, in apportioning the sentence he is going to give to a person who has committed any particular offence, will have regard—I must say in the first instance—to the frequency of the crime and the necessity for the punishment being a deterrent to the offender and to others. Unless the District Justice has got full statistics, as to the increase in crime when crime is increasing, I do not see how he can exercise his judgment properly, because he has not got the facts before him. This did nothing except put facts before him, and there is not a single word in that document—in fact, it is the very opposite—saying that his judgment is to be influenced.

We could, of course, take the step of putting on minimum fines, but that is not desirable except in rare instances. In certain cases it is desirable to have a minimum sentence, but as a general proposition I do not think it is desirable. Deputy Ruttledge asked: "Have you no confidence in the persons conducting prosecutions?" What has the person conducting a prosecution to do with the sentence? All he can say is: "We press for a full fine in this case," and he can do nothing more.

Could he not give the statistics in open court?

The prosecutor has nothing to do with the fixing of the sentence, and Deputy Ruttledge ought to know that.

Could not the prosecutor state in open court what the Minister is sending in an underhand way?

I am sending nothing in an underhand way. It goes to every single justice. There is nothing underhand about it.

Question—"That the Estimate be referred back for reconsideration"— put.
The Committee divided: Tá, 52; Níl, 71.

Tá.

  • Aiken, Frank.
  • Allen, Denis.
  • Anthony, Richard.
  • Blaney, Neal.
  • Boland, Gerald.
  • Boland, Patrick.
  • Brady, Seán.
  • Briscoe, Robert.
  • Broderick, Henry.
  • Buckley, Daniel.
  • Carney, Frank.
  • Carty, Frank.
  • Cassidy, Archie J.
  • Clery, Michael.
  • Colbert, James.
  • Corkery, Dan.
  • Crowley, Fred. Hugh.
  • MacEntee, Seán.
  • Moore, Séamus.
  • Morrissey, Daniel.
  • Mullins, Thomas.
  • Murphy, Timothy Joseph.
  • O'Connell, Thomas J.
  • O'Dowd, Patrick Joseph.
  • O'Kelly, Seán T.
  • O'Reilly, Matthew.
  • Crowley, Tadhg.
  • Davin, William.
  • Derrig, Thomas.
  • De Valera, Eamon.
  • Everett, James.
  • Fahy, Frank.
  • Geoghegan, James.
  • Gorry, Patrick J.
  • Goulding, John.
  • Hayes, Seán.
  • Hogan, Patrick (Clare).
  • Jordan, Stephen.
  • Kennedy, Michael Joseph.
  • Killilea, Mark.
  • Lemass, Seán F.
  • Little, Patrick John.
  • Maguire, Ben.
  • O'Reilly, Thomas.
  • Ruttledge, Patrick J.
  • Ryan, James.
  • Sexton, Martin.
  • Sheehy, Timothy (Tipp.).
  • Smith, Patrick.
  • Tubridy, John.
  • Walsh, Richard.
  • Ward, Francis C.

Níl.

  • Aird, William P.
  • Alton, Ernest Henry.
  • Beckett, James Walter.
  • Bennett, George Cecil.
  • Blythe, Ernest.
  • Bourke, Séamus A.
  • Brodrick, Seán.
  • Byrne, John Joseph.
  • Cole, John James.
  • Collins-O'Driscoll, Mrs. Margt.
  • Conlon, Martin.
  • Connolly, Michael P.
  • Cosgrave, William T.
  • Craig, Sir James.
  • Daly, John.
  • Davis, Michael.
  • Doherty, Eugene.
  • Dolan, James N.
  • Doyle, Peadar Seán.
  • Duggan, Edmund John.
  • Dwyer, James.
  • Esmonde, Osmond Thos. Grattan.
  • Finlay, Thomas A.
  • Fitzgerald, Desmond.
  • Fitzgerald-Kenney, James.
  • Good, John.
  • Gorey, Denis J.
  • Haslett, Alexander.
  • Hassett, John J.
  • Hennessy, Michael Joseph.
  • Hennessy, Thomas.
  • Hennigan, John.
  • Henry, Mark.
  • Hogan, Patrick (Clare).
  • Holohan, Richard.
  • Jordan, Michael.
  • Kelly, Patrick Michael.
  • Keogh, Myles.
  • Law, Hugh Alexander.
  • Leonard, Patrick.
  • Lynch, Finian.
  • Mathews, Arthur Patrick.
  • McDonogh, Martin.
  • McFadden, Michael Og.
  • McGilligan, Patrick.
  • Mongan, Joseph W.
  • Mulcahy, Richard.
  • Murphy, James E.
  • Myles, James Sproule.
  • Nally, Martin Michael.
  • Nolan, John Thomas.
  • O'Connell, Richard.
  • O'Connor, Bartholomew.
  • O'Hanlon, John F.
  • O'Higgins, Thomas.
  • O'Leary, Daniel.
  • O'Mahony, The.
  • O'Reilly, John J.
  • O'Sullivan, Gearoid.
  • O'Sullivan, John Marcus.
  • Reynolds, Patrick.
  • Rice, Vincent.
  • Roddy, Martin.
  • Shaw, Patrick W.
  • Sheehy, Timothy (West Cork).
  • Thrift, William Edward.
  • Tierney, Michael.
  • White, John.
  • White, Vincent Joseph.
  • Wolfe, George.
  • Wolfe, Jasper Travers.
Tellers: Tá, Deputies Boland and Allen; Níl, Deputies Duggan and P.S. Doyle.
Question declared lost.
Vote put and declared carried.
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