I move that the Bill be now read a Second Time. This Bill has four main objects. The first is to permit of a reorganisation of the Dublin Metropolitan District Court which, it is hoped and expected, will contribute to the more convenient despatch of the business of that court. The second is to increase the maximum number of district justices from the present limit of 33 to 40. It is hoped by that means that we may be able to get rid of the expedient of having temporary district justices. The third is to abolish the office of assistant justice, which was created under the Courts of Justice Act, 1928. Deputies are aware that for a number of years there have been in the city three assistant district justices who did the same work as the permanent justices, but they were paid less; they were permanent and pensionable, but they were paid less. They were to be available for work down the country, but they were kept in Dublin because of the pressure of work. That will be abolished. The fourth is to alter the law as regards the tenure of office of the district justices.
I think Deputies are aware of the unsatisfactory position in Dublin for a number of years. On the Estimate the question has been pretty fully ventilated and some months ago I expressed the hope that I would be able to bring in legislation to deal with the position in Dublin in respect of the matters I have mentioned. The fact is that the system and organisation which was satisfactory enough 20 years ago, when the city was much smaller, will not work now. There were three district justices in 1924, including the senior justice. They were permanently assigned to Dublin. There were also three assistant district justices, who were whole-time. Now we have three justices, including the senior justice, three assistant justice, and two temporary justices, making a total establishment of eight. The clerical staff has increased from 12 in 1924 to 20. There was only one probation officer in 1924 and now there are seven.
Deputies will have some idea of the reason for the increase in the business of the court. There was a great increase in the criminal business, due to the emergency conditions. There were offences which would not be there but for the emergency—rationing and other similar offences. These increased the work of the courts. There was also the fact that the city has grown enormously. The population has increased considerably and areas that were rural a few years ago are now included in the city. Consequently, there is a need for a greater number of justices. I expect also, when we give effect to Part III of the Rent Restrictions Act, passed recently, it will take up a large amount of the time of one justice, who will deal with tenement dwellers.
On the whole, it seems reasonably clear that it will not be possible for some considerable time to come to operate the Dublin Metropolitan District Court to the satisfaction of all parties concerned with less than six permanent justices. The Department have been satisfied on this score for a long time past, but, while the emergency lasted, it was considered inopportune to introduce a comprehensive scheme of reorganisation. We are doing that now.
Perhaps the most serious defect of the present system is that it imposes on the senior justice a burden which, in the new and altered circumstances, is too much for one man. As I have explained, the original organisation of the Dublin Metropolitan District Court provided for a senior justice and two other justices. This idea was sound enough at a time when the senior justice and his two colleagues were able to overtake the work. It was not then too much to expect that the senior justice could successfully exercise general control over the entire work of the district. When, however, it becomes a question of arranging for the distribution of business amongst seven or eight other justices and arranging for their sittings and, in addition, discharging the duties of chairman of the rules committee, as well as having some responsibilities in connection with a staff of close on 30, it ceases to be a practical proposition for one man to shoulder all these burdens and, on top of them, to discharge the ordinary function of the district justice.
The Bill proposes, as the remedy for the existing unsatisfactory position, that there should be three divisions in the Dublin metropolitan district. That is provided for in Section 5. These divisions will not be on a territorial basis. They will be divisions of the business of the court and the business to be transacted in each division will be settled by the Minister for Justice, who is given, by Section 10 of the Bill, the power to distribute the business amongst the three divisions. No scheme of distribution has yet been settled; this will be a matter for discussion with the justices concerned.
Each division will consist of a principal justice and such number of other justices as the Minister for Justice may, from time to time, determine. That is provided for in Section 5 (2). It is contemplated that in practice each division will have two justices, a principal justice and an ordinary justice, permanently assigned to it. In addition, such assistance as may from time to time be necessary may be allocated by the Minister for Justice to any division. The principal justice and ordinary justices of divisions will be nominated by the Minister for Justice from among the justices for the time being assigned to Dublin. That is provided for in Sections 6 (1) (a) and 7 (a). Principal justices will not be transferable from one division to another, except with their consent. Ordinary justices of divisions will, however, be so transferable. Sub-section (3) of Section 6 provides that the present senior justice must be nominated a principal justice of one of the divisions.
It will be the duty of a principal justice to arrange for the distribution of the business of his division amongst the justices of the division. Moreover, he may have delegated to him by the Minister powers in relation to the determination of the classes of business to be transacted at each appointed place and the days and hours at which such classes of business will be transacted. The senior justice exercises very similar powers at present as regards all the business of the Dublin metropolitan district, under Section 5 of the Court Officers (Amendment) Act, 1937, which is now being repealed. The Minister for Justice may exercise the powers referred to and, in addition, possesses the exclusive power to appoint the places in the Dublin metropolitan division for the transaction of the business of each division. That is provided for in Section 11. As regards the latter point, it is clearly necessary that there should be some central authority responsible for the allocation of the available courthouse accommodation amongst the separate divisions.
The salaries of Dublin metropolitan justices are provided for in Section 8. Each principal justice will have £1,200 a year, the same salary as the present senior justice, and the ordinary justices of divisions permanently assigned to Dublin will receive £1,100 a year, which also is the salary of the present ordinary justices in Dublin. The proposed change in the law as regards the senior justiceship makes an amendment of the law necessary as regards the chairmanship of the district court rules committee, and suitable provision in this regard is made in Section 13.
Coming now to the provisions of Part III of the Bill, I think I should touch first upon the proposal in Section 15 for an increase in the number of justices, because the explanation of this proposal is to be found partly in the proposals as regards the Dublin Metropolitan District Court, which I have just been discussing. Under Section 68 of the Courts of Justice Act, 1924, the number of justices is at present limited to 33. Of this number three are at present permanently assigned to Dublin, the remaining 30 being each assigned to a separate district. As I have explained, it is now proposed to have six justices permanently assigned to Dublin. This means an increase of three in the over-all number of justices.
Under the Courts of Justice Act, 1928, not more than four assistant justices may be appointed. These are whole-time, pensionable appointments, but their salaries are lower than the salaries of justices. Originally, the salary of an assistant justice was £800. Under the Courts of Justice Act, 1936, that was raised to £900 after five years' service, and £950 after a further five years. At present there are three assistant justices, as I have mentioned, and they have been for several years past constantly employed in Dublin. There is no necessity to keep these on any longer. We are putting all the justices on the same footing as full justices. The proposal is then, as soon as the Bill is law and there is authority for increasing the number of justices, to appoint the three present assistant justices to be justices in Dublin. There may be some question that they may be sent somewhere else. I propose that the three who have been in Dublin all along and who could have been appointed as full justices when there were vacancies some time ago and elected to remain in Dublin, will be appointed, when these appointments are made, to Dublin, with the salary they have. There might have been some fear that that would not be done.