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Dáil Éireann debate -
Wednesday, 28 May 1958

Vol. 168 No. 6

Ceisteanna—Questions. Oral Answers. - Supreme Court Cases.

asked the Minister for Justice whether he is aware of the delay in getting cases heard by the Supreme Court; and whether anything can be done to expedite adjudication of appeals.

I understand that the delays in getting cases heard are due to the parties themselves and that at present there are only four cases ready for hearing.

I wonder would I excessively trouble the Minister if I asked him to discuss this matter with the Chief Justice, who is probably the authority primarily responsible for the proceedings of the Supreme Court? I am informed by a constituent of mine that he has been waiting for 12 months for a place upon the docket of the Supreme Court to get an appeal heard in an action where there is £800 due to him, of which he cannot get a penny because the appeal cannot be heard owing to the arrears in the Supreme Court.

The delay to which the Deputy refers could be possible, but I am informed that a case is shown as awaiting a hearing from the date when notice of appeal to the Supreme Court is given. It is not ready for hearing until the requisite documents have been prepared, the formalities completed and the parties are ready to go ahead. That means that dossiers have to be prepared. I understand that a dossier has to be prepared for each judge. They have to study these but the answer which I have given the Deputy is the actual factual position as it stands at the present time.

May I again renew my suggestion to the Minister that he make this matter the subject of inquiry between himself and the Chief Justice? I have taken some pains to find out if there was delay by the solicitors or others concerned in this case and I am assured, by those in a position to know, that the delay is due to the inability of the litigant to get his case on the list for hearing owing to the pressure of work on the court. With the close approach of the summer holiday, it is not at all unlikely that this unfortunate litigant will be left over until the autumn and all the time deprived of the damages which he has been awarded.

Would the Minister make the matter the subject of correspondence between himself and the Chief Justice? I think if he does, he will find that the delay is due more to pressure of work on the court than the present information would appear to indicate.

Could the Minister say how many days in the year the Supreme Court sits?

If the Deputy puts down a question, I shall answer it.

May I take it that the Minister will make the inquiry I have suggested?

I have been in actual communication with the Chief Justice and the information I have given the Deputy is the information which I have received from the Chief Justice.

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