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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1977-05-04/9/
4 May 1977 - Courts Bill, 1977: Second Stage.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-20/4/
20 Apr 1977 - Courts Bill, 1977: Second Stage.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-21/3/
21 Apr 1977 - Courts Bill, 1977: Second Stage (resumed).
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-20/18/
20 Apr 1977 - Courts Bill, 1977: Second Stage (Resumed).
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-21/4/
21 Apr 1977 - Courts Bill, 1977: Committee and Final Stages.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-03-31/3/
31 Mar 1977 - Courts Bill, 1977: Order for Second Stage.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1977-05-04/10/
4 May 1977 - Courts Bill, 1977: Committee and Final Stages.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1977-05-04/9/
4 May 1977 - Cooney) This is a short Bill to provide for an increase from seven to nine in the statutory maximum...Accordingly, in practical terms, the net increase in the membership of the judiciary which this Bill...The Bill also contains certain changes in existing legislative provisions regarding assignments of Circuit...The opportunity has also been taken to consolidate in one Bill existing provisions relating to assignments...Section 3 of the Bill contains certain consequential provisions, including the necessary substitution
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1978-02-15/4/
15 Feb 1978 - Enright This Bill should be amended in such a way as to allow that a court order must be obtained.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-20/18/
20 Apr 1977 - This Bill is designed to increase the number of judges in the various courts, including increasing the...number in the District Courts from 34 to 39.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-20/18/
20 Apr 1977 - the work on which the House will be engaged between now and the Summer Recess and I stated that this Bill...I made that statement on the basis that the Bill was politically motivated....Somebody suggested to me that the motive behind this Bill was that, following the dissolution of the...I do not know whether it was the District Court, the High Court or the Supreme Court that was involved...There are eight High Court judges.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-21/3/
21 Apr 1977 - An Leas-Cheann Comhairle The Deputy is going wide of the Bill....He seems to be reflecting on the action of the courts.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1979-06-19/34/
19 Jun 1979 - Enright I would refer the House to the Courts Act, 1977 which this Bill is amending....That Act deals with the whole aspect of judges in the High Court, in the Circuit Court and in the District...Court.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-05-19/25/
19 May 1977 - Dowling I will deal with many aspects of the Bill....with the ground forces and the air cover personnel get when they are travelling from Portlaoise to the courts...That is relevant to the Bill.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-20/4/
20 Apr 1977 - Cooney) I move: "That the Bill be now read a Second Time."...The main purpose of this Bill is contained in section 1 which provides for an increase from seven to...The Bill also contains certain changes in existing legislative provisions regarding assignments of Circuit...However, the opportunity has been taken to consolidate in one Bill all the existing provisions relating...Accordingly, the Bill provides for an increase of two in the statutory maximum number of ordinary Circuit
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1977-05-04/9/
4 May 1977 - even when sittings of the Special Criminal Court cease....Accordingly, the Bill provides for an increase of two in the statutory maximum number of ordinary Circuit...Court judges....the District Court, in addition to the President of the District Court, shall not be more than 34....Accordingly, the Bill provides for an increase of five in the statutory maximum number of district justices
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-11-30/35/
30 Nov 1977 - In a judgment delivered on 7th July, 1977, Mr....Under Rule 92 of this Bill the amount which the court may require the personation agent to pay is £200...and this sum is well within the ordinary limits applicable to the District Court....In any event, under this Bill personation and double voting are offences which may be prosecuted summarily...in the District Court or on indictment in the Circuit Court.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1977-05-04/9/
4 May 1977 - should like to thank Senators for their contributions and their welcome for the general principle of the Bill...The main purpose of the Bill is to overcome delays in the High Court....That is the kernel of the Bill....The Bill seeks power to appoint two extra judges of the High Court....That Bill implements the report of the Committee on Court Practice and Procedure on this point and I
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-20/4/
20 Apr 1977 - The Bill affords this opportunity....First, the Bill would seem to make permanent a number of temporary appointments and to me, it is mainly...Otherwise, I do not think the Bill seriously tackles the problem of the backlog of cases awaiting attention...in the courts....and District Court level to expedite litigation.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/2006-09-28/5/
28 Sep 2006 - Criminal Court itself in dealing with International Criminal Court cases....The question of the jurisdiction to be adopted by the Bill was subject to legal advice from the Attorney...international armed conflict of the Geneva Convention of 1949 and the first additional protocol of 1977...Conventions are comparable with ICC offences, universal jurisdiction is, in effect, also adopted in the Bill...jurisdiction of the State with respect to ICC offences beyond the universal jurisdiction adopted in the Bill
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-21/3/
21 Apr 1977 - Cooney I may not have made it clear that the Bill deals essentially with the appointment of two extra...judges to deal with civil business in the High Court.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-11-23/15/
23 Nov 1977 - Haughey In my view the sort of order the Deputy asked us to give the High Court power to make could...not be made under the approach which this Bill enshrines in it.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-21/3/
21 Apr 1977 - Cooney I did not take a note of that because when I began my reply I indicated that the purpose of this Bill...was to bring in two extra High Court judges and to provide for the making of temporary District and...Circuit Court judges....on the part of Deputies to wander down all sorts of byways connected, no matter how tenuously with courts
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1983-11-03/7/
3 Nov 1983 - Bill entitled an Act to amend the Oireachtas (Allowances to Members) Acts, 1938 to 1977, the Ministerial...and Parliamentary Offices Acts, 1938 to 1977, and the Courts (Supplemental Provisions) Acts, 1961 to
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1977-05-04/9/
4 May 1977 - Robinson As the Minister said, this is a short Bill to achieve the limited purpose of increasing the...who are being provided for in the Bill?...as well as the two temporary judges provided for in this Bill....Bill like this—that any temporary appointments made are confirmed before there is an election and a...of Spouses and Children) Act and the Family Home Protection Act, and indeed the Landlord and Tenant Bill
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-03-30/4/
30 Mar 1977 - Cooney) I move: "That the Bill be now read a Second Time."...The object of this very short Bill is to permit the District Court to grant an occasional intoxicating...the District Court quashed....The High Court held that the district justice was correct in his interpretation....The Bill does no more than allow for the continuation of the practice that has existed in relation to
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-11-23/15/
23 Nov 1977 - Solicitors are officers of the court and as such they are much more part of the court procedure....The court is really a disciplinary body where solicitors are concerned and there is that difference of...Against that, the Attorney General very much favours the procedures laid down in the Bill and the council...This procedure cannot be finalised without the court being involved....With some regret I must maintain the position which is in the Bill and which is strongly advocated by
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1978-12-06/21/
6 Dec 1978 - the rates on dwellings occupied by their tenants and who benefit by an allowence granted under the Bill...The first is where the tenant was in occupation immediately before 1 January 1977....Here the tenant is entitled in 1977 to an allowance equal to that by which the landlord benefited as...by a tenant from a landlord of any allowance due under this section as a simple contract debt in any court...landlords have failed to reach agreement with their tenants, this section gives tenants access to the court
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-11-23/15/
23 Nov 1977 - I do not accept the Minister's suggestion that the High Court is not competent in this area because in...the Minister's own Bill he provides the right of the Medical Council to go to the High Court for confirmation...They do not appear to have the power to actually carry out that erasure unless they go to the High Court...I wonder what would happen if for some reason the council did not go to the High Court....My amendment merely provided that where the High Court declared that it was proper for the council to
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-20/18/
20 Apr 1977 - present and we will have according to the Minister's statement this morning, 39 appointed under the Bill...Court....something that is already there and which has been included in two Acts already, but I see nothing in this Bill...Court judge can be removed without a two-thirds majority....We have here a Courts Bill and the Minister for Justice in relation to this Bill should not be afraid
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1978-12-06/21/
6 Dec 1978 - Let us take the case of a tenant in occupation of a flat in 1977 and 1978 whose landlord refused to give...If he is going to a District Court in Dublin or in some other busy area he will be delayed there for...Having got that valuable work carried out by the local authority and the District Court, he will be...If the landlord is still unreasonable, the tenant will have to go to the Circuit Court or the District...Court to sue the landlord.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-11-23/15/
23 Nov 1977 - It is a nebulous concept to say that the High Court cannot stop people from doing something, as Deputy...Boland suggested, that the way to do it is to put something into the Bill providing that persons other...If a person does it he is brought before the court and fined or put in jail....The only other way the High Court can make people do something or stop them from doing something is by
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-11-23/15/
23 Nov 1977 - This Bill was delayed for some time because of difficulties regarding constitutionality....Those aspects were introduced for constitutional reasons in order that the High Court could put their...In 1960 when the Minister was steering the Solicitors Bill through the House he probably gave detailed...If it is right for the Solicitors Act, why is it not right to include it in this Bill?...If we are talking about taking away his rights to use that ability we should ensure that this Bill contains
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-11-09/25/
9 Nov 1977 - that where the council want to do so, where it is in the public interest, they may apply to the High Court...for an order in relation to any person registered in any register maintained under this Bill that, during...It is just giving them power to go to the court and suspend the registration of somebody on the register
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1977-05-04/9/
4 May 1977 - complex proper, two courts, one for the District Court and one for the High Court, which will be reserved...We will get experience from the people practising in those courts and from people sitting in those courts...This is a matter that concerns the District Court justices....I conclude by thanking Senators again for the welcome for the Bill....The Bill is designed to do a very necessary thing—to increase the number of judges in the High Court
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-20/18/
20 Apr 1977 - In one instance it has taken five years for a case to be heard in the High Court....Unfortunately, the provisions of the Bill will not improve the position....The Bill seeks to make temporary appointments permanent....This has been brought about because the courts were not hard enough....Generally speaking, the Garda and the courts are doing a good job.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1978-02-01/92/
1 Feb 1978 - Enright It is something that may lead to a court case eventually....appears in the Official Report what appears in briefs, White Papers or anything else, what goes into the Bill...Therefore if the Minister had the good intention of including livestock in the Bill—and I think he has—it
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-11-23/15/
23 Nov 1977 - Boland The Bill goes on to say "and such minutes shall be signed by the chairman of the next ensuing...Because important decisions which might be queried in court afterwards could be involved, I thought we
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1978-02-01/4/
1 Feb 1978 - The matter that would be discussed in the court would be a matter for proceedings in the court....For the information of both Deputies D'Arcy and Bruton, we have checked the SFADCo Bill and found that
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-11-23/15/
23 Nov 1977 - man is not fit to practise medicine and that his name should be removed from the register the High Court...If the Medical Council want to suspend a man for a period the High Court, on confirming that the decision...I do not see how that is not an offence; I do not see how the High Court is not competent to make those...own Bill which purport to give to the High Court the power to confirm or cancel decisions of the Medical...In the Solicitors (Amendment) Act, 1960, the Minister saw fit to give to the courts power to prevent
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1978-02-15/4/
15 Feb 1978 - The certificate could be presented as evidence in court without requiring any corporation official to...attend and testify that the amount was due although in practice if the defaulter is putting in a court...The certificate is sent to the Circuit Court office who then give a judgement in favour of the corporation...If the person concerned persists in his refusal to pay, a civil bill is issued requiring him to indicate...In default, the corporation then submit the certificate of debt to the Circuit Court office seeking a
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-20/18/
20 Apr 1977 - , Circuit Court or District Court, and I fully accept that being displeased with decisions is not a sufficent...We have some temporary Circuit Court judges at present and as far as I can see from the Minister's speech...there is no limit to the number of Circuit Court judges who can be appointed provided it appears to...The Bill was not necessary from that point of view....tell us why he does not seek this power which basically I have invited him to seek in relation to this Bill
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1977-05-04/9/
4 May 1977 - efficiency or expedition in dealing with cases is to increase the number of judges, as is suggested in the Bill...more in the District Court....criminal side as well is getting out of hand, unless this practical expedient, as is suggested in this Bill...Every effort should be made— and there is part of it in the Bill—to cut down the two or three year lag...It boils down to another question which I know is not strictly within the purview of the Bill—I mention
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1978-11-22/11/
22 Nov 1978 - particular sports or games shall not be a ground on which a rating authority or a Justice of the District Court...letter from Bantry Credit Union which read: Arising out of the Local Government Financial Provisions Bill...In 1977 they qualified for a 25 per cent remission....In 1977 every hereditament qualified for a 25 per cent remission.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1995-11-28/21/
28 Nov 1995 - In 1988-89 a total of 9,839 civil bills were processed through the Dublin Circuit Court office....The Bill amends the 1977 Courts Act by increasing the number of permanently assigned Circuit Court judges...and Courts Officers Bill would contain measures to deal with the need to tackle the backlog of cases...By removing section 29 providing for the courts commission, the Minister has emaciated the 1994 Bill...If there are no court facilities for additional judges, this Bill, with its inadequate measures, would
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-03-30/4/
30 Mar 1977 - Kitt I support what has been said already on this Bill....Can I take it that under this Bill the courts will not grant two consecutive occasional licences for...out, in some areas the court granted two consecutive occasional licences where the event went on longer...If the event went on longer than a week, would the court grant two consecutive occasional licences for...There should be a Bill dealing with this problem.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1978-05-03/9/
3 May 1978 - Molony It is column 979 of the Official Dáil Report of 7 December 1977....This Bill does nothing of the sort; it is farce in that respect....The Minister said that he had considered the introduction of this Bill before but had decided that it...In effect, there is no difficulty in getting around the provisions of this Bill....consequences to it that will cost a lot of people money through consulting with lawyers or going to the court
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-20/4/
20 Apr 1977 - O'Kennedy From the Minister's speech and from this brief Bill itself, it is clear that the net effect...To summarise, this Bill enables the Government to appoint one extra judge....The public must get the best service at the lowest cost and I do not think this Bill goes far enough...It can be reasonably argued that this Bill goes further than we ever went in our time....I question whether this Bill goes even a small way towards providing those answers.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-04-20/4/
20 Apr 1977 - The minor offences with which the district courts are crowded lead up to an alienation of the local people...I agree with Deputy Toal when he spoke of the many cases going to court that should not go at all but...If the Labour Court can have rights commissioners I do not see why the ordinary courts could not have...I want to allow the lawyers their field day on this Bill....The Bill does little other than make permanent some temporary appointments.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1977-11-23/15/
23 Nov 1977 - In 1973 when the Bill was passed it was not envisaged that medical practitioners could be registered...was not to prescribe drugs for addicts or that he was not to have addicts as patients, and the High Court...Is it not ridiculous that though the High Court and the Medical Council had decided that a man should...acceptance would mean that a person struck off by his colleagues on the Medical Council and by the High Court...If the Bill is allowed to be passed as it stands we will have a situation where the Medical Council's
