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Dáil Éireann debate -
Wednesday, 23 Feb 1972

Vol. 259 No. 2

Ceisteanna—Questions. Oral Answers. - Malicious Injury Applications.

40.

asked the Minister for Justice if he is aware that under the present system of notification of malicious injury applications in the Dublin Circuit Court, applicants or their legal advisers are required to peruse a list of 2,000 applications on the off-chance that their case may be listed; and if he will ensure that a system is devised which will give direct notice to each particular applicant or his solicitor to avoid the considerable waste of time and likelihood of error in the present system.

I am satisfied that the present system of notification of the hearing of malicious injury applications in the Dublin Circuit Court provides a reasonable service to the applicants or their legal advisers and that the considerable expenditure from public funds that direct notification to each applicant or his solicitor would entail would not be warranted.

(Cavan): surely the Minister will agree that it is unreasonable to expect an applicant to go through 2,000 titles of cases in order to find out if his own is on that list? Will the Minister not agree that this is a clumsy way to conduct business?

I accept that is one view but there is another view, namely, the drag on the Exchequer that would be involved in regard to the suggestion made in the question.

(Cavan): Surely the Minister will agree that it should be possible to break down this list of 2,000 which should not exist because it is far too much of a backlog? It should be broken down into cases that would be held in the following two months. Would the Minister not agree to consider this matter?

One would expect the legal profession to apply themselves more assiduously with regard to applications in their office rather than expect the Exchequer to bear the cost.

(Cavan): I am not talking about the legal profession. I am talking about applicants, ordinary lay people who are entitled to conduct their own cases. They have to wade through this huge list of 2,000 applications, and I put it to the Minister that there should be a simpler way of listing cases.

I can see the Deputy's point and I shall bring the matter to the notice of my colleague. However, there are large expense implications involved if this kind of work, which should normally be borne by the legal profession, is put on to the State.

(Cavan): If there was a proper filing system in the Circuit Court office it would be simple.

We cannot continue with this question all the afternoon. I am calling Question No. 41.

Can the Minister state how it has happened that there are 2,000 applications awaiting attention?

That is a separate question.

(Cavan): There are not enough judges.

And there will be less now.

Business must be progressing. Operations must be more successful when there are 2,000 malicious injury claims waiting to be dealt with.

(Cavan): That is because law and order has broken down in the city of Dublin.

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