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Dáil Éireann díospóireacht -
Wednesday, 19 Nov 1930

Vol. 36 No. 1

Ceisteanna—Questions. Oral Answers. - Lismore and Circuit Court Sittings.

Seán Ua Guilidhe

asked the Minister for Justice if it is intended to hold sittings of the Circuit Court in Lismore, Co. Waterford, when the restoration of the local courthouse now in progress is completed.

The fixing of places at which the Circuit Court shall sit is a matter to be decided by Rules of Court and is largely in the hands of the Rule-making Committee. I think it unlikely that the Committee will fix a sitting at Lismore.

Will the Minister take steps to see that the Circuit Court is held in Lismore in view of the serious inconvenience caused to litigants in the west of the county?

I have tried to make it clear to the Deputy that this is a matter for the Circuit Court Rule-making Authority. I think the Deputy and the House are aware that so far there have been no Rules made owing to the fact that on two occasions the Rules drawn up failed to get through this House. It is not a matter that lies with me. I also know that a Joint Committee of the Dáil and Seanad has been sitting to consider the whole question of what our future course will be. I have not seen their report yet. Possibly it may deal with this question and other similar questions, but I do not know.

Am I to take it that requests of this nature are to be sent to this Committee?

No. At the present moment the Rule-making Authority, for practical purposes, settles where the Circuit Courts are going to sit. What the new Committee is going to report upon in connection with this matter, I do not know.

What steps are to be taken by the local residents to enforce their wishes in this matter?

I do not think that they can enforce their wishes.

Are we to understand, then, that the wishes of the people are not to be considered at all in the matter?

Of course, the wishes of the people are to be considered, but we must consider the general convenience in deciding what place courts are to sit in. Every little town that wants a court to sit there cannot have its wishes acceded to, because in that way business could not be carried on.

In view of the fact that the Quarter Sessions in the old days were always held in the towns, why should we not restore the courts to those towns?

As I have explained, that would be a matter for the Rule-making Committee. I do not think the Rule-making Committee will ever arrange that the Circuit Courts will, of necessity, sit where the Quarter Sessions did, because they are quite different courts. What the Quarter Sessions used to do is now, to the extent of 75 or 80 per cent., done by the District Courts.

Perhaps the Deputy will see the Minister privately on this question.

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