asked the Minister for Justice if he can now state the reduction which has been effected in the large number of cases which he recently stated were awaiting decision in the Circuit Courts in Dublin, and further whether the steps which have been taken will prevent a recurrence of the congestion which these courts have suffered from for years past.
Ceisteanna—Questions. Oral Answers. - Congestion in Circuit Courts.
Within the past two months the number of civil actions awaiting trial in the Circuit Court in Dublin has been reduced from 325 to 262. Of the 262 cases still awaiting trial, 246 are cases in which notice of trial was served since the 1st January, 1933, and 16 are cases in which notice of trial was served prior to the said date. The answer to the second part of the question is in the affirmative.
Can the Minister say to what extent he has improved the situation from the point of view of increasing the number of the circuit judges? When this question was before the House on the 23rd May last the Minister informed the House that he hoped to make arrangements by which the situation would be considerably improved. I would be glad to know if those arrangements have been made and what is the nature of them because it is a serious situation to have 16 cases awaiting trial and decision since the 1st January last.
The situation at present is normal. As I have pointed out, there are only 262 cases now pending and apart from the 16 in which notice of trial was served prior to last January, they are very recent cases, some of them cases in which notice was served within the last month. The majority are cases in which notice was served within the last two months. There is an extra judge dealing with these cases and helping to speed them up. In the ordinary way this extra judge would be sent round the country from one Circuit Court to another. As it is, he is now always in Dublin. With the present arrangements those arrears can be cleared off in a very reasonable time.
When I raised this question in May last there were two separate judges then engaged on the work and the Minister informed the House that he intended to get additional assistance. I want to know has any additional assistance, beyond the two judges, been since engaged?
Additional assistance has not been engaged but the matter has been taken up by the authorities responsible for a decision and those authorities think it has not been necessary to resort to what was contemplated in May last.
I am informed that one of these two judges has been taken off this court recently. The position is that business people think there is no use at all going to the Circuit Courts if they have to wait for nine months before they are to get their cases heard and decided.
That is not the position.
The position is that there are 262 cases still awaiting trial and some of these are as far back as the 1st January last, that is seven months. Surely the Minister does not think that it is reasonable that commercial men should have to wait so long in order to get their cases heard?
The Minister knows that in the High Court litigants have to wait a longer period in the ordinary method of procedure; they have to wait in the ordinary way, entering appearances and defences and so on. So far as these cases are concerned, as the Deputy knows, in many towns through the country the Circuit Courts are held only once in three months and that has to provide for their wants. The delays would be about the same. I pointed out that there are only 16 of those cases of arrears prior to the 1st January this year. I can get segregated for the Deputy the number of cases entered since the 1st January last in each month.
Is not the position in the Circuit Court in Dublin that there are 262 cases awaiting trial, according to the Minister's reply?
In certain cases in the country there are 100 cases awaiting trial in one circuit town.
I want to point out to the Minister that two wrongs do not make a right in any country.
It is no wrong. It is the ordinary law in operation.
There is no good in telling me that because other towns are in a bad way and that 100 cases are awaiting trial in some of these towns that the position is all right in Dublin. Some attempt ought to be made by which the Dublin Circuit Courts would function properly and that business people would not have to wait for seven months and more to have their cases heard.
Arising out of the Minister's reply, may I ask him if he remembers my putting to him the question of the procedure in the matter of appeals pending from the Circuit Courts and I was informed on that occasion that due consideration would be given to the matter? May I ask if the position is that Circuit Court appeals to-day are not heard for 12 months from the date on which the appeal is made? Does he think that is a reasonable matter?
My attention has been called to the question asked by the Deputy on a previous occasion. So far as Circuit Court appeals are concerned, at the present time there are very little arrears. If the Deputy wants any information he can write me on the matter, and I will explain what the position is. I think most of the arrears have been wiped out. There was at one time an accumulation of arrears, but they have been practically wiped out.
I would be very much obliged if the Minister would give me those details, and also examine the question of what is the average period between the lodging of a Circuit Court appeal and the hearing of the appeal by the two judges sitting in Dublin.