Dáil Éireann debate -
Wednesday, 17 Jun 1964

Vol. 211 No. 2

Courts Bill, 1963: From the Seanad.

The Dáil went into Committee to consider amendments from the Seanad.

Minister for Justice (Mr. Haughey)

I move that the Committee agree with the Seanad in amendment No. 1:

Section 6: In subsection (1) (a), lines 29 to 31, "served notice of his intention to do so on the accused or the Attorney General, as the case may be," deleted and "notified the accused or the Attorney General, as the case may be, of the application," substituted.

This amendment seeks to amend section 6 and its object is to make it unnecessary to have notice of the intention to apply for a transfer of trial formally served on the Attorney General or on the accused, as the case may be, by the means prescribed in the Circuit Court Rules, that is to say, by personal service, or by delivery at the residence or place of business of the person concerned, or by sending the notice by prepaid post addressed to the person at his last-known residence or place of business. It will be sufficient for the Attorney General or the accused, as the case may be, to be notified by any means of communication whatever. Such informality is desirable from the point of view of the accused, who may be in custody and not legally represented.

Mr. Sweetman

What about the period of the notice?

Mr. M.J. O'Higgins

The seven days remain?

Mr. Haughey

Yes.

Mr. Sweetman

The Minister knows I am referring to the North Tipperary case where no notice was given and a witness was brought from Sweden.

Mr. Haughey

The position will be that you must give seven days notice but it is still at the discretion of the judge within the seven days.

Mr. M.J. O'Higgins

This makes it more informal than was proposed.

Mr. Haughey

The original section meant that the notice had to be given in the manner prescribed in the Circuit Court Rules.

Mr. Sweetman

If the judge decided within his discretion that it is fair to do it but under certain conditions, in regard, say, to the cost of witnesses, is he empowered to do that?

Mr. Haughey

I would imagine so.

Question put and agreed to.

Mr. Haughey

I move that the Committee agree with the Seanad in amendment No. 2:

Section 7: In subsection (6) (a) (iii), page 5, line 5, "seven" deleted and "ten" substituted.

This is a simple amendment which has to do with the proving of services by registered post. The original provision was that the statutory declaration should include a statement that the envelope has not been returned undelivered to the sender. To allow time for the return of the envelope to the sender if undelivered, it is provided that the statutory declaration shall not be made until seven days at least after the posting of the envelope. The Post Office authorities now advise us that in exceptional circumstances and particularly if the name and address of the sender does not appear on the envelope the return may take up to ten days. The amendment proposed is necessary to cover this eventuality.

Question put and agreed to.

Mr. Haughey

I move that the Committee agree with the Seanad in amendment No. 3:

Section 7: in subsection (6) (a) (iii), page 5, line 7, "registration" deleted and "posting" substituted.

This is entirely a drafting amendment. The official title of the document referred to is "certificate of posting" and not "certificate of registration".

Question put and agreed to.

Amendments reported and agreed to.

Ordered: That Seanad Éireann be notified accordingly.