Dáil Éireann debate -
Wednesday, 13 Feb 1946

Vol. 99 No. 7

Committee on Finance. - Vote 37—Supreme Court and High Court of Justice.

Minister for Justice (Mr. Boland)

I move:—

That a supplementary sum not exceeding £700 be granted to defray the Charge which will come in course of payment during the year ending 31st March, 1946, 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).

A sum of £450 is required under sub-head FF to meet the cost of purchase of law books for the use of the judges of the Supreme Court and the High Court. A further sum of £250 is required because it seems likely that not more than half of the receipts anticipated from bankruptcy percentages is likely to be realised.

Mr. Dillon

In connection with the deficiency from bankruptcy percentages, I want to know from the Minister if, in his opinion, that decrease is due to the general tendency to avoid bankruptcy proceedings in this country, on the ground that bankruptcy law has now become antiquated and out of date, so that virtually nobody avails of it unless there is no other conceivable recourse open to them? In that connection could he state definitely what action he intends to take? Has he in mind, for submission to the Dáil at a reasonably early date, a co-relation of bankruptcy law on the lines of the report of a commission set up by his Department 15 years ago, and which has been lying in his office ever since? Is he aware that unless he proposes to take steps along these lines he may expect that bankruptcy percentages will continue to decrease, not as a result of any improvement in the mercantile life of the country, but because people who ought to have access to the bankruptcy court for the clearing of mercantile matters, are prevented from availing of it, because the Oireachtas has allowed the machinery to become so antiquated that it is virtually unworkable?

Mr. Boland

I am not prepared to say that that is the reason. The fact is that there have been restrictions. In the opinion of the Department the reason is due, probably, to emergency conditions. There was less business done, less credit given, less speculation, and, consequently, less bankruptcy. I am not prepared at this stage to go into the matter. Probably the Deputy could raise it when the main Estimate comes on. As I did not expect it to be raised, I am not prepared to deal with it now. The main Estimate will be coming on shortly.

Mr. Dillon

Perhaps the Minister could say on the main Estimate what are his views on the Bankruptcy Report, and whether legislation can be anticipated in the near future.

Mr. Boland

I will deal with the matter then.

Vote put and agreed to.