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Dáil Éireann debate -
Thursday, 24 Mar 1960

Vol. 180 No. 8

Ceisteanna—Questions. Oral Answers. - Position of Temporary District Justice.

10.

Mr. Ryan

asked the Minister for Justice whether any person acting as a temporary district justice is a local authority solicitor; whether such justice has held courts in the functional area of the local authority from which he holds his appointment as solicitor, and, if so, how often; and whether the local authority concerned has been a party in any case heard before such justice, and, if so, how often.

One of the present temporary district justices has, since the date of his appointment as such, been on special leave without pay from his post as a local authority solicitor.

The temporary district justice concerned has on five occasions held sittings of the Court in the functional area of the local authority in question. The local authority has not been a party in any case with which he dealt.

Does the Minister not think it wholly undesirable that that Justice should be operating in the same functional area even though it so happens that up to date no such case has come before him? What is going to happen when cases in which the local authority are concerned come before him?

If I thought as the Deputy suggests, he would not have been appointed. Actually the district justice in question is a moveable justice and would not sit in any case in which the local authority would be involved.

That is not what I asked.

Mr. Ryan

Have there been any cases which required adjournment by reason of the fact that this district justice would be sitting in their functional area?

He is a movable justice.

Mr. Ryan

Have there been any cases in which the county council was complainant or defendant which have been adjourned?

That is a separate question.

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