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Dáil Éireann debate -
Thursday, 5 Jul 1990

Vol. 401 No. 2

Written Answers. - Invalidation of Court Decisions.

Eric J. Byrne

Question:

21 Mr. Byrne asked the Minister for Justice if his attention has been drawn to the quashing by the High Court on 11 May, 1990 of the conviction of a person serving a six year sentence for robbery arising from the earlier decision of the Supreme Court that the District Justice was not a validly serving District Justice; the number of other convictions which have been quashed on the same basis; the number of such applications pending; if his Department's examination of the decision of the Supreme Court, which he indicated to Dáil Éireann on 25 April, 1990 was underway, has yet been concluded; and if he will make a statement on the matter.

Charles Flanagan

Question:

62 Mr. Flanagan asked the Minister for Justice if he will outline the action he will take on a decision of the Supreme Court resulting in the invalidation of thousands of criminal convictions and the release of convicted offenders from prison; his views on whether civil decisions on family law cases, decrees for possession, damages in civil actions and licensing matters will be affected by the decision; and if he will make a statement on the matter.

I propose to take Questions Nos. 21 and 62 together.

The position generally in relation to the matters raised in these questions was outlined in my response to the question on 25 April, 1990 — Official Report, vol. 397, cols. 2167-2169 — and remains unchanged. What I said was that the Supreme Court decision, which consists of four judgements, was under examination and I was not in a position to indicate the steps that might be appropriate for me to take in relation to the matters concerned. I went on to say that in so far as new legislation might be involved I could not undertake to say, in the context of parliamentary questions, whether or not I might have proposals for legislative changes in particular areas. Any such proposals would be announced, in the ordinary way, only after Government approval.

That examination of the Supreme Court judgments, which is not yet concluded, will extend to the possible implications, so far as I, as Minister for Justice, may be concerned, of decisions made in civil cases. Pending the outcome of the examination I would not be prepared to speculate as to the effects on individual litigants.

However, I cannot accept the Deputy's assertion that thousands of criminal convictions are involved and the implication that numbers of convicted criminals would be released. That case is under appeal. In that regard I am aware of the recent quashing by the High Court of a conviction involving a prision sentence. I understand that no similar cases have arisen since then and I am not aware of any applications pending.

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