Dáil Éireann debate -
Wednesday, 3 Jul 1991

Vol. 410 No. 3

Private Members' Business. - Courts Bill, 1991: Committee and Final Stages.

SECTION 1.

Minister for Justice (Mr. Burke):

I move amendment No. 1:

In page 2, subsection (1), lines 14 and 15, to delete "District Justice" and substitute "justice of the District Court".

This amendment is needed to substitute in the Bill the correct statutory definition of a justice of the District Court as provided in section 5 (2) (b) of the Courts (Establishment and Constitution) Act, 1961. As you will be aware, a Cheann Comhairle, we have already decided today that in the future that will be changed again to "judge of the District Court".

Mr. Enright:

I support the amendment. There are other Bills passing through the House providing for an extension of powers to the District Court. What plans does the Minister have to appoint further district justices and can he give us some information on it? The Acts under which the District Court is working are being extended on a regular basis. Perhaps the Minister can give us a rough idea of what he has in mind.

Mr. Burke:

The legislation passed this morning, the Courts (No. 2) Bill, 1991, made provision for six permanent district justices.

Mr. Enright:

What is the total number.

Mr. Burke:

The temporary justices will be made permanent and we will then have the facilities to provide further temporaries. There will be six additional permanent district justices.

Mr. Enright:

What will be the total number?

Mr. Burke:

The number of district justices will be increased from 39 to 45.

Mr. McCartan:

I welcome the decisions we took in the earlier legislation today to accord judges of the District Court their proper title, that of judge. I do not have to repeat what I said earlier today. I am curious as to why the Minister is using the word "justice" at this stage. The point I made on 12 June and again this morning is that the Irish text of the 1961 Act uses the word "breitheamh" which translated directly should read "judge". I do not know where the word "justice" originated. What is the necessity of repeating it in the legislation? I accept that we have gone on to the next step. Why do we have to borrow that wording at this stage?

Mr. Burke:

The words "district justice" have been used since 1961. It was in deciding on the change to "judge of the District Court" that we unearthed the fact that "justice of the District Court" was the description that should have been used down through the years. Many mistakes have been made in the past and we are trying to correct them here. As the Deputy is aware, we decided this morning that that would be changed in three months time, when the legislation is passed, to "judge" of the District Court which they should always have been.

Mr. Cotter:

I accept the amendment and I am aware of the reason for it. I want to make a brief comment on the Minister's attitude to this whole business. It is good that he has such an open mind. Now that he has been relieved of another portfolio, and has much more time at his disposal, I look forward to new initiatives particularly in the areas about which we are talking this evening. I thought it was foolish of The Workers' Party to oppose the Bill on the basis that there should never be a prison sentence for non-payment of a fine. On the basis that there should never be a prison sentence for non-payment of a fine the word "never" would hardly be appropriate in that case, as a cursory glance at certain matters would indicate. I am happy with the Bill as it stands and I am equally happy with the Minister's attitude, which I hope will be translated into further enactments in the autumn, or as soon as possible, to try to keep out of court many people who should never have been there in the first place. I welcome the Minister's attitude in that regard.

Amendment agreed to.

Section 1, as amended, agreed to.

SECTION 2.

Question proposed: "That section 2 stand part of the Bill."

Mr. Enright:

The Minister made the point earlier that terms of imprisonment are imposed as an alternative to fines. The Minister has shown an open mind in regard to many of those matters and he said he would investigate the situation in regard to community type work. I hope the Chair will allow me some discretion in making another point. A parking fine is collected on the spot, or the person can pay it within seven days. During the recess perhaps the Minister will consider imposing on the spot fines for a person not wearing a seat belt, failing to display a tax disc or driving on bald tyres. It would be better than having our courts clogged up with these matters. It is waste of Garda time in serving summonses——

An Ceann Comhairle:

Section 2 refers to the short title only, that this Act may be cited as the Courts Act, 1991.

Mr. Enright:

I meant to make my remarks on section 1.

Question put and agreed to.

Title agreed to.

Bill reported with amendment and passed.