asked the Minister for Justice who has sole responsibility for appointment of solicitor of wards of court.
Ceisteanna—Questions. Oral Answers. - Wards of Court.
50.
Jurisdiction relating to the appointment of the General Solicitor for Wards of Court is exercised by the President of the High Court.
51.
asked the Minister for Justice the names of persons who have held the position of solicitor of wards of court since 1945; and the date of each appointment.
I am informed that the persons successively holding appointment as such since 1945 are Mr. Patrick Ruttledge who was appointed on 20th August, 1941, Mr. Gerald Maguire who was appointed on 17th May, 1952, and Mr. Gerard Quinn who was appointed on 17th February, 1960.
52.
asked the Minister for Justice if he has had at any time complaints that any disorder exists in relation to moneys of wards of court; and, if so, if the complaints were investigated.
I have received no complaints alleging the existence of disorder. In the last three years, there have been three complaints to the Minister for Justice alleging delay in individual cases and as the Minister has no function or responsibility in these matters the complaints were passed on to the Registrar of Wards for attention.
53.
asked the Minister for Justice in relation to moneys of wards of court when he has last seen a certificate from auditors as to the state of the finances; the date of each inspection; from whom the auditor's certificate was received; and if there are annual audits of these funds.
I have no functions with regard to funds of wards of court, which are, by statute and by Rules of Court, under the control of the President of the High Court.
Is the Minister not prepared, in the public interest, to consult with the President of the High Court in regard to any allegations that may take place in respect of what we can describe as stray moneys, the property of wards of court?
I have no function. The matter is, by statute, exclusively within the jurisdiction of the President of the High Court. When I receive any complaints of delays in dealing with these moneys, I forward them to the Registrar for the attention of the President. That is my sole function in the matter.
The Minister must be aware that in recent years a prosecution was about to be instituted against an official in the employment of one of the gentlemen to whom he has referred for alleged misappropriation of funds? Surely all this cannot go on without the knowledge of the Minister?
Is the Minister not aware that any difficulties that there may be clearly arose before the appointment of the present incumbent of the post?
I am not aware that there are any difficulties. I have been told from time to time that there are delays. I understand that the delays that arose were occasioned by the necessity to transfer cases from the outgoing, or deceased, solicitor to the new appointee. Deputies will appreciate that when a new appointment is made, there is a considerable amount of handing over to be done.
Is the Minister aware that it is only fair to state categorically that the difficulties experienced are all difficulties which were already there and which arose out of matters that occurred before the present man was appointed? It would be entirely wrong to attribute to the present holder of this position any blame at all in the matter.
There is no question of attributing any blame. I am not aware that there is any case for attributing any blame to anybody for anything. Naturally, as the necessity for transferring cases from one solicitor to another arose only on the occasion of the last appointment, there could be no question of the new appointee being responsible for any delays in transfers of the sort to which I have referred. As far as I have any information about the matter and, as I have said, I have no function, I understand these are the only difficulties which have arisen.
Did the Minister ever hear of a prosecution about to be instituted?
No.
Will the Minister make inquiries because there is a record in the Attorney General's Office. He squashed it?
I have no knowledge or record of anything of the sort referred to by the Deputy.
Did the Minister not promise recently that he would consider the introduction of legislation for the greater protection of the money of wards of court?
The machinery is quite adequate. There are arrangements for the submission of accounts to the registrar, their auditing, certification, and so on. So far as I have any connection with the matter, and this is how I came to be aware of it at all, it arises solely out of my duty to ensure that the various court offices are properly and adequately staffed for this and other purposes and I have taken steps from time to time to ensure that that is done.
Did the Minister not say recently that he was concerned as to the manner in which moneys were invested for wards of court?
That is a different matter. It did happen that certain funds in the courts generally, and not just funds applicable to wards of court, were invested in certain trustee securities which were entitled to be regarded as perfectly secure, but which did suffer some diminution in value and occasion loss to persons whose money was lodged in court. That situation no longer applies and there is now no danger of any such diminution in the value of these funds arising in the future.
The Minister has heard of wards of court receiving less than was awarded to them.
Yes. That did happen because of this diminution in the value of the securities in which the funds were invested. That situation does not now apply and there is no danger of it recurring.
I do not think the Minister knows everything about the matter.
He is not letting on.