asked the Minister for Justice whether a knowledge of Irish is necessary in the case of appointments of judges to (a) the Supreme Court, (b) the High Court, (c) the Circuit Court and (d) the district court; and, if so, by what method the competency of appointees in this respect is determined.
Ceisteanna—Questions. Oral Answers. - Irish Language Qualification.
18.
The qualifications for appointment to the judiciary are prescribed by statute and do not include a knowledge of Irish. The law does, however, provide that, so far as may be practicable having regard to all relevant circumstances, a Circuit judge or District justice assigned to any Circuit or District which includes an area where the Irish language is in general use shall possess such a knowledge of the Irish language as would enable him to dispense with the assistance of an interpreter when evidence is given in that language.
Is it not true that Irish is not necessary when it comes to jobs for the boys? Is it not true that the only qualification necessary for those appointments is to have been a good supporter of the Fianna Fáil Party, to have been a candidate for Fianna Fáil at an election, or an election agent, or a good subscriber to the party? Is it not due to the fact that those type of men have been appointed that we have men who are not fit to be on the bench today or who are not doing their duty——
The Deputy should not attack the judiciary.
It is quite true. Criminals are walking the length and breadth of the country today because judges are afraid to do their duty and are not doing what they are paid for.
The Deputy should not attack the judiciary in this way.
Unfortunately we have to attack them.
(Interruptions.)
Order. These weekend outbursts are getting tiresome.
The new Fine Gael spokesman for Justice should denounce that type of thing.
It is the truth and cannot be denounced by anyone.
(Interruptions.)
It is saying publicly what Ministers have said privately. Did the Minister for Lands not say it two months ago in Trinity College?
Deputy O'Donovan.
(Cur isteach)
Tá ceist agamsa. Ní ceart an fothram seo bheith ar siúl in aon chor. Tá ceist agamsa le cur ar an Rúnaí Parlaiminte. Ba mhaith liom a fháil amach ón Rúnaí Parlaiminte conas a tugtar an bhreith seo ar dhein sé tagairt di san bhfreagra a thug sé. Conas a cheaptar duine chun bheith ina bhreitheamh sa Chúirt Dhúiche má labhartar Gaeilge inti? Ní h-áil liom ceist acrannach a chur ar an Rúnaí Parlaiminte ach conas a tugtar an bhreith. Cad é an scrúdú atá ag an Rialtas chun an cheist seo a réiteach?
Tá a fhios ag an Teachta cad iad na hAchtanna a chuir an Teach seo i bhfeidhm leis na blianta anuas. Tá an t-eolas os mo chomhair i mBéarla agus más mian leis an Teachta an t-eolas sin d'fháil tabharfaidh mé dó é anois i mbéarla. Níl an t-eolas anseo agam i nGaeilge.
How is the job done? That is what I am asking.
The information the Deputy requires—to translate what I have already said for the benefit of Deputies who may not be fully familiar with our first language—is set out in a number of Acts.
Echoes of the Treaty debate.
The relevant statutory qualifications for appointment as a judge or justice are outlined in the information in front of me. In the case of the Supreme Court and High Court: a person who is for the time being a practising barrister of not less than 12 years' standing—subsection (2) (a) of section 5 of the Courts (Supplemental Provisions) Act, 1961. In the case of the Circuit Court: a person who is for the time being a practising barrister of not less than ten years' standing. Service, in the case of a barrister, as a justice of the existing District Court is deemed to be practice at the Bar. The Deputy will find that information in subsections (2) (a) and (b), of section 17, of the Courts (Supplemental Provisions) Act, 1961.
In the Circuit Court the qualifications are as set out in subsection (2) of the Act and I quote:
(a) A person who is for the time being a practising barrister of not less than ten years' standing shall be qualified for appointment as a judge of the Circuit Court.
(b) For the purposes of paragraph (a) of this subsection, service in the case of a barrister as a justice of the existing District Court or of the District Court shall be deemed practice at the Bar.
In relation to Irish-speaking areas section 44 of the Courts of Justice Act of 1924 reads:
So far as may be practicable having regard to all relevant circumstances, the Circuit Judge assigned to a Circuit which includes a district where the Irish language is in general use shall possess such a knowledge of the Irish language as would enable him to dispense with the assistance of an interpreter when evidence is given in that language.
A similar provision in respect of District justices is contained in section 71 of the same Act. I regard that reply as being comprehensive.
I asked the Parliamentary Secretary what method had been adopted to implement this. That is not the same as quoting from an Act. If the Parliamentary Secretary would listen to me——
I am listening with——
Compassion.
——intent.
I thought the Parliamentary Secretary said "with contempt".
I asked what method had been adopted to ensure that a Circuit Court judge operating in an Irish-speaking area will have an adequate knowledge of the Irish language. I got a long answer from the Parliamentary Secretary that bore no relevance to the question. All he did was to quote from Statute laws. There have been dead Statutes on the books for ages. I have no wish to catch out the Parliamentary Secretary.
I know that the Deputy is decent minded enough not to do that.
I realise that he is only acting now for the Minister for Justice but this is an important matter.
This is a question of a deep nature. I assume that when people are being appointed to the District and Circuit Courts that if they have a competent knowledge of Irish they would be sent to a Gaeltacht area, but in cases where District justices or Circuit Court judges are not familiar fully with the Irish language, an interpreter is brought in to assist them. This is done in the interests of justice.
I understand the Parliamentary Secretary's answer.
I am pleased to hear that.
It was a long interpretation.
I have not yet reached Deputy FitzGerald's peak of perfection but when I do I will let him know.
I shall notice.