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Dáil Éireann debate -
Tuesday, 22 Oct 1996

Vol. 470 No. 4

Written Answers. - Judicial Appointment.

Peter Barry

Question:

237 Mr. Barry asked the Minister for Justice her views on having a High Court judge assigned permanently to Cork in view of the fact that adequate accommodation is now available at the courthouse in Washington Street for this purpose and also in view of the number of cases awaiting adjudications in Cork; and if she will make a statement on the matter. [19403/96]

The sittings of the High Court on circuit are governed by sections 32 and 34 of the Courts of Justice Act, 1936, as amended by section 12 of the Courts of Justice Act, 1953 and by section 42 of the Courts and Court Officers Act, 1995. Any amendments to these provisions would require amending legislation. I have no proposals in that regard at present.

Sittings of the High Court hearing applications under its original jurisdiction are governed by Order 36 Rules 1 and 2 of S.I. No. 15 of 1986 (Rules of the Superior Courts) as substituted by S.I. No. 260 of 1992 (Rules of the Superior Courts (No. 2), 1992).

Section 68 of the Courts of Justice Act, 1936 provides that the power of making, annulling or altering rules of court for the High and Supreme Courts shall be exercisable by the Superior Courts Rules Committee with the concurrence of the Minister for Justice. It is not, therefore, open to me to make amendments to the Rules of the Superior Courts.

I might add, however, that the terms of reference of the Working Group on a Courts Commission, which is being chaired by the Hon. Mrs. Justice Susan Denham, includes a review of the operation of the courts system, having regard to the level and quality of service provided to the public and it is open to the Deputy to make a submission on this, or indeed on any other matter, to the working group. To date the working group has published two reports and is continuing its work. I look forward to receiving further recommendations of the group in due course.

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