asked the Minister for Justice if he will state the number of cases in the Supreme Court in which judgment is pending for more than two years; and, further, if he will indicate the cases and when the appeals were heard in that court.
Ceisteanna—Questions. Oral Answers. - Supreme Court Judgments.
The only one case in the Supreme Court in which judgment is pending for more than two years is the case of the Governors, Erasmus Smith Schools, v. Attorney-General and others, in which judgment was reserved on the 2nd March, 1933.
Would the Minister indicate if he proposes to take any action to put an end to this scandal? Does the Minister propose to allow this denial of justice to continue much longer or does he propose to take any action in the matter?
As I explained to the Deputy previously when he asked a similar question, I cannot take any action in the matter. The judges have absolute discretion as to when they will give judgment in any cases coming before them. I have no power to compel them to give judgment at any particular time in any case.
Are we to understand that in this case in which a decision was given by a High Court judge over four years ago, and the hearing of the appeal in which was concluded nearly three years ago, no judgment has been given? Am I to understand from the Minister's reply that it is in the power of the judges to delay a decision in this case for as long as it may please them to do so and that the Minister is powerless to compel them to give justice in such cases?
The Minister is powerless and cannot compel them to give a decision. I would be very sorry to suggest that the judges are deliberately delaying giving a decision in this case or in any other case.
Does the Minister suggest that he has no power to take action in a case like this where justice is denied for almost three years? Are we to understand from the Minister that he does not propose to take any action? Of course the Minister can take action if he so pleases. He can come to the House to seek all the powers he requires.
He has not the power.
Will the Minister seek the necessary powers from the House?
That is another question.
I submit it arises out of the question on the Order Paper.
What about taking the judges before the Military Tribunal?
I thought the Deputy was against the Military Tribunal.
You are not.
Oh, no.
Is there anything to prevent an Order being issued under the Emergency (Imposition of Duties) Act fining a judge £20,000 for every case in which he has failed to give judgment for a period of three years?
If there is any member on the Bench who suffers from chronic inability to make up his mind on difficult questions, could not the Minister for Justice suggest to him in a friendly manner the possibility of his retiring?
I should like to ask is it not a fact that the Minister for Justice can invoke the terms of the Emergency (Imposition of Duties) Act to fine any judge who has a case outstanding for a particular length of time, to make that fine as big as possible, and to prevent either this House or any court discussing his action?
Next question.