Vol. 483 No. 6
108 Mr. Sargent asked the Minister for Justice, Equality and Law Reform the number of District Court decisions which have had to be quashed as a result of the improper appointment of court clerks; the areas of the country affected in this regard; and the categories of offences which have been mis-prosecuted as a result. [21205/97]
The Deputy may be aware that last Friday, 28 November 1997, the Supreme Court, in an unanimous verdict, overturned the decision of the High Court and held that the appointment of District Court clerks by officials in my Department was valid. Therefore the question of the improper appointment of District Court clerks is no longer at issue.
I have been informed that in the interim period between the decision of the High Court and that of the Supreme Court, some cases which were brought before the District Court by way of summons were either adjourned or effectively struck out by District Court judges. I am advised that in cases where the summonses were struck out the prosecution can now apply for a re-issue of the summonses concerned.
