asked the Minister for Justice what action is being taken to comply with the statutory obligation under the Courts (Supplemental Provisions) Act, 1961 to have two taxing masters.
Ceisteanna — Questions. Oral Answers. - Appointment of Taxing Masters.
17.
The question of a second appointment is under consideration.
Can the Minister give the House an assurance that this consideration will be completed at an early date so that the statutory requirement for two taxing masters will be complied with, having regard to the fact that it is mandatory?
No. I think it is my duty to see, from an economy point of view, if in practice one man can do the job. If I find that is not so, of course a second man will be appointed. It is possible for us to amend the particular statute to which the Deputy referred.
Will the Minister appreciate that the mandatory obligation, the inescapable obligation, which now lies on him is to have two taxing masters? If there was a possibility of having only one, the remedial legislation should have been introduced before the expiration of the term of appointment of one of the existing taxing masters. As of now, there is a mandatory and inescapable obligation to have two taxing masters. Will the Minister further have regard to the fact that not only is there a mandatory obligation to have two taxing masters, but that each taxing master must consult with the other and that, while there is only one, it is impossible for him to consult with someone who does not exist?
I do not accept the position as stated by the Deputy. There is power there already to appoint a temporary taxing master, if I so desire. I conceive it my duty to see if one man is capable of doing the job and I think we should examine that situation before appointing another. As I say, the matter is under consideration and I can appoint or not appoint as the circumstances indicate.
Question No. 18.
One brief question. Having regard to the fact that the greatest volume of work on the taxation of costs, as the Minister must know from his practice, arises at this time of the year, will the Minister consider the immediate appointment for the months of July and August of a temporary taxing master because delays are already arising with serious consequences to the general public?
I am not in such a hurry as the Deputy and his Party were to try to put out men before their time so that they could fill jobs in their last week in office.
Deputies
Hear, hear.
This situation calls for the examination which it is having. If it is necessary to appoint an additional taxing master that will be done. If it is found within the next few months— and the matter is now under consideration — that the existing taxing master can do the job, I do not see why we should pay two.
I am calling Question No. 18.
There will be no Charlie Caseys this time.
The Minister is in deliberate and knowing breach of his legal obligation.
I have called Question No. 18. Order. The Deputy should not interrupt.