Dáil Éireann Debate, Tuesday - 10 February 2015
336. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality her plans, if any, to review and, if necessary, to amend the 1986 regulations contained in Statutory Instrument No. 15 of 1986, specifically in relation to Order 40, subsections (6), (9) and (15), which impose a strict requirement for the accurate inclusion of the prescribed information in all circumstances; and if she will make a statement on the matter. [5640/15]
View answerThe Statutory Instrument to which the Deputy refers comprises the Rules of the Superior Courts 1986. The Superior Court Rules Committee is established under the Courts of Justice Act 1936, as amended, and its statutory remit is to make, annul, or alter rules of court to provide for the practice and procedure of the Superior Courts. This power is exercised with the concurrence of the Minister for Justice and Equality. Any amendment to the Rules of the Superior Courts is, of course, a matter for the Superior Courts Rules Committee.
Order 40 rule 15 of the Rules of the Superior Courts, which confers a discretion on the court to accept an affidavit sworn for use in court proceedings notwithstanding certain defects in the form of the affidavit, is a long established provision of court procedure - indeed, one which has been in place long before the introduction of the 1986 Rules. The discretion concerned is entirely a matter for the courts, and is exercised in accordance with principles established through case-law.
