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Dáil Éireann debate -
Tuesday, 10 Nov 1987

Vol. 375 No. 1

Written Answers. - District Justices' Dispute.

90.

asked the Minister for Justice the efforts which are being made to end the industrial dispute by the district justices in the night courts; and if he will make a statement on the matter.

91.

asked the Minister for Justice if, in view of the very serious implication of the decision of 15 district justices in Dublin not to sit at night courts he will take whatever steps are necessary to have this problem resolved as a matter of urgency; and if he will make a statement on the matter.

92.

asked the Minister for Justice if his attention has been drawn to the difficulties created for the Garda and the public by the decision of district justices not to preside over sittings of the night courts in Dublin; if, in view of these difficulties and the fact that the dispute may result in persons being detained unnecessarily in custody, the measures he is taking to end the dispute; and if he will make a statement on the matter.

I propose to take Questions Nos. 90, 91 and 92 together.

On the advice of the Attorney General it was necessary earlier this year to introduce arrangements whereby certain persons taken into custody would be charged before a district justice rather than a peace commissioner as heretofore. For cases arising after normal court sitting times arrangements were made on an informal basis for district justices to take special court sittings on request. I understand that district justices are not satisfied about certain aspects of the arrangements and from 1 November justices did not make themselves available to take such sittings. There is no question of persons being kept in custody unlawfully or unnecessarily as a consequence although quite clearly the non-availability of special after-hours' courts created difficulties for the Garda Síochána.

Following discussions between the President of the District Court and the justices concerned last week arrangements were made for them to resume these special sittings from 9 November 1987 on the basis that appropriate consultations would take place as soon as possible.

There has been some publicity about a request from district justices for monetary compensation for these special sittings. The position in this regard (and the justices have been so informed) is that the remuneration of justices is a matter for the Review Body on Higher Remuneration in the Public Sector and that it is open to the justices to make representations to that body as they think fit.

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