Dáil Éireann debate -
Thursday, 4 Mar 1999

Vol. 501 No. 5

Written Answers. - Wards of Court.

Richard Bruton

Question:

109 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the typical waiting time of Wards of Courts to have affairs completed after death; the target waiting time following the allocation of additional staff; if his attentions has been drawn to the fact that under prompt payments legislation service providers should have their bills paid promptly by state agencies; and if he will make a statement on the matter. [6487/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

Jurisdiction 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, 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 180 applications for dismissal from wardship in respect of deceased wards waiting to be processed in the Office of Wards of Court. The time taken to deal with any given case depends on the issues involved, the nature of the assets and liabilities of the deceased and whether the affairs of the deceased were in order at the date of death. In the current circumstances, it is not possible to provide a detailed estimate of the average waiting time for the processing of dismissal applications. The Office of Wards of Court acknowledges however, that current waiting time for completion of some applications could be up to two years.

In view of the current arrears problem in the office which arose because of historical staff shortages significant additional staff resources have been sanctioned at my request to eliminate delays in this area. Following the necessary consultations with the unions concerned appointments are in the process of being made. It is planned that this new staff when appointed will be assigned to address the arrears problem immediately on completion of the requisite training. While it is not possible at this stage to indicate a timescale for the elimination of arrears, I am satisfied that progress can be made within the next few months. In any event I have asked that a full review should be undertaken within 18 months. The target waiting time following the elimination of arrears is that there would be no delay in processing Applications in the Office of Wards of Court.

While the prompt payment of accounts Act is not relevant to the situation in the Office of Wards of Court, I should point out that despite the fact that there are delays in processing substantive dismissal applications, payments are made as quickly as possible in respect of wards' debts such as maintenance and funeral accounts, probate tax etc.