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Dáil Éireann debate -
Tuesday, 9 Feb 1999

Vol. 500 No. 1

Written Answers - Office of Wards of Court.

Seán Ryan

Question:

268 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform if he will report on the delay in processing cases in the Ward of Courts Office; and the proposals, if any, he has to provide extra resources to the office as a matter of urgency in view of the fact there is a backlog of approximately 170 cases. [3883/99]

Emmet Stagg

Question:

275 Mr. Stagg asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the delay in releasing money from the Office of Wards of Court to a person (details supplied) in County Kildare; if his attention has further been drawn to the distress this is causing to the person concerned who is elderly; and if he will make a statement on the matter. [3270/99]

Desmond J. O'Malley

Question:

277 Mr. O'Malley asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that there are in excess of 170 estates awaiting dismissal in the Office of Wards of Court; if his attention has been further drawn to the fact that there are lengthy delays of up to 12 months in listing wardship matters for hearing even in the simplest and most straightforward cases; the steps, if any, he proposes to take to appoint an adequate number of staff to this office; and if his attention has been drawn to the hardship caused to families who are unable to obtain assets of deceased wards to which they are entitled often for several years after death of the ward. [3308/99]

I propose to take Questions Nos. 268, 275 and 277 together.

Jurisdication in Wards of Court matters is vested in the High Court. As the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions, the Deputy will appreciate that it is not open to me to intervene or comment on the conduct of any individual case.

I am aware that there are in excess of 170 applications for dismissal from wardship waiting to be processed in the Office of Wards of Court. This situation has arisen out of staff shortages in that office. Any inconvenience or hardship caused to next of kin or beneficiaries of the estates of deceased wards as a result of delays in processing these cases is greatly regretted.

As I informed the House on 27 January 1999, following recent consultations with the unions concerned, three outstanding vacancies in this office are due to be filled shortly. In addition, in response to historic staff shortages in the office which predated my appointment as Minister, I sought additional staff resources and have received sanction from the Minister for Finance for five new posts to tackle the backlog.

I am confident that these measures will ensure that the necessary steps can now be taken to bring forward the processing of all applications, including those to discharge wardships.

As to the listing of wardship cases, the Deputy will be aware that this is a responsibility of the courts and I have no function in the matter. I have, however, had inquiries made and I am informed that, apart from the initial application to have a person declared a ward of court, very few wardship applications are listed before the court. Most matters are dealt with by the office and those cases requiring a decision of the court are dealt with in chambers. I am informed by the Registrar, Office of Wards of Court, that when cases requiring a decision of the court are ready to proceed they are listed for hearing in a matter of weeks.

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