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Dáil Éireann debate -
Wednesday, 7 Aug 1940

Vol. 80 No. 17

Ceisteanna—Questions. Oral Answers. - Wards of Court.

asked the Minister for Justice if he is aware that moneys belonging to wards of the High Court have been withdrawn from court by an officer of the court without the authority or knowledge of the wards; that these moneys never reached the wards of court, and that they received no benefit from same; that the wards in question are now being officially informed that the loss of the moneys fraudulently received by the officer in question and converted to his own use must be borne by them, but that when the estate of the officer in question (now deceased) is wound up they may get a dividend after some years not exceeding 1/- in the £; if so if he will state why the officer in question was appointed without any security, and whether in the circumstances he will take steps if necessary by legislation to see that the moneys entrusted to the care of the court for safe keeping for the wards in question will be paid in full to them, or relodged to their credit without delay.

I am informed that the facts of the matter to which the Deputy refers are as follow: In about the year 1920, the then judicial authority nominated a certain solicitor to be General Solicitor for Minors. The person nominated was not required to give security. He continued to occupy the position until his death, which occurred in February, 1938. It was then found that he had apparently misappropriated sums to the amount of about £2,500, being the property of various minors. His own estate will probably be unable to meet these claims, and other claims, in full. In the circumstances, I propose to ask the House at the earliest convenient date to provide for the immediate payment in full of the minors' claims, by way of a Vote of about £2,500 Supplementary to the Supreme and High Court Vote for the current financial year. Whatever sums are subsequently recovered from the deceased man's estate in respect of the above mentioned transactions will be handed over to the Exchequer. As regards certain other points raised or suggested in the question, I may perhaps point out that the deceased man was not a court officer in the ordinary sense of the term: he was a solicitor selected by the court to assist the court in administering certain estates. He was paid by fees out of the estates so administered. There was no Ministerial or Departmental control over his appointment, duties or remuneration. The power of nominating a solicitor for these purposes is now vested in the President of the High Court, who has made it a condition of appointment that security be given.

Can the Minister say if these accounts are ever audited, or if there is anyone in charge of them at all?

Mr. Boland

That is another question. I am not responsible for these accounts.

The fact is that this gentleman was in office for years and years. His appointment went back, I think, about 30 years ago.

Mr. Boland

He was in office for a very long time, and handled enormous sums of money in his time.

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