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Dáil Éireann debate -
Wednesday, 2 Oct 1940

Vol. 81 No. 1

Committee on Finance. - Supplementary Estimates. Vote 36—Supreme Court and High Court of Justice.

I move:—

Go ndeontar suim Breise ná raghaidh thar £2,500, chun íoctha an Mhuirir a thiocfaidh chun bheith iníoctha i rith na bliana dar críoch an 31adh lá de Mhárta, 1941, chun na dTuarastal agus na gCostaisí sin de chuid na Cúirte Uachtaraighe agus na hArd-Chúirte Breithiúnais nach muirear ar an bPrímh-Chiste (Uimh. 27 de 1926 agus Uimh. 48 de 1936) agus chun Easnaimh áirithe in Estáit Mhionaoiseach do shlanú.

That a Supplementary sum not exceeding £2,500, be granted to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1941, for such of the Salaries and Expenses of the Supreme Court and High Court of Justice as are not charged on the Central Fund (No. 27 of 1926 and No. 48 of 1936) and to make good certain Deficiencies in Estates of Minors.

This Supplementary Estimate is being introduced to make good a deficiency which arose due to defalcations by the general solicitor for minors. I promised, when Deputy O'Donovan raised the matter in the form of a question last year, that the money—£2,500 belonging to minors— would be made good. Some portion of the estate of this solicitor will be available to make up this total sum. Legislation will be required to make up the balance.

Was this solicitor a court functionary?

Mr. Boland

He was appointed by the Lord Chancellor in 1920. He was not under the control of the Minister, but he was a court functionary. The present man has been appointed by the President of the High Court, and he has insisted on a bond being entered into in his case.

This Estimate is to make provision for the victims of the loss?

Mr. Boland

Exactly.

Has the Minister looked into other cases of officials handling money in which it would be desirable to have bonds entered into to secure the funds?

Mr. Boland

I am not aware, but in view of what happened in this case the President of the High Court has thought it well to insist on a bond being entered into for the future.

Would the Minister insist that in all future cases, where a solicitor is being appointed, a bond will be entered into?

Mr. Boland

The President of the High Court has the making of the appointment. The appointment is in his hands and the Minister has not any responsibility.

Except, that seeing that the House has got to underwrite these defaults, it might be suggested to the President of the High Court that he ought to take all necessary steps to prevent such defaults occurring.

Mr. Boland

He has done so, and, I presume, will continue to do so.

I presume that the President of the High Court will have no objection to do that, seeing that this House will have to foot the bill if it is not done.

Estimate agreed to and reported.

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