Dáil Éireann díospóireacht -
Thursday, 9 May 1935

Vol. 56 No. 6

Committee on Finance. - Vote 38—Circuit Court.

Mr. Ruttledge

I move:—

Go ndeontar suim ná raghaidh thar £36,905 chun slánuithe na suime is gá chun íoctha an Mhuirir a thiocfaidh chun bheith iníoctha i rith na bliana dar críoch an 31adh lá de Mhárta, 1936, chun Tuarastail agus Liúntaisí agus Costaisí Oifigeach Cúirte Cuarda, Leas-Bhreithiún gCuarda agus Udarásanna Clárathachta Aitiúla áirithe agus chun costaisí Ath-fhéachainte Liostaí Vótálaithe agus Coisteoirí (Uimh. 27 de 1926, etc.).

That a sum not exceeding £36,905 be granted to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1936, for the Salaries, Allowances and Expenses of Circuit Court Officers, Deputy Circuit Judges, and certain Local Registering Authorities, and the expenses of Revision of Voters and Jurors Lists (No. 27 of 1926, etc.).

Mr. Good

I want to ask the Minister whether anything has been done to remove the congestion in the Circuit Courts. We have been in this House complaining of this for many years, and on occasions we have had promises that it would be remedied but the situation grows worse. There have been delays of six months and in some cases up to eight or nine months. Anybody who wants further time sends in notice of appeal. That adds a delay of six months more, and consequently it means a delay of 12 months in many cases. Something should be done to help those who are trying to collect debts. The position is an impossible one.

Mr. Dillon

Over and above the question of debt collection which I recognise as something of considerable importance in a mercantile community like Dublin, there is another aspect of the case. I do not think I am unreasonable in asking that any litigant in this country should be entitled to expect that his case will come before the next court that sits after the issue is joined between the parties. What I apprehend is that unless provision is made to deal with this matter, a great evil will accrue. The Minister himself has long experience in practising before the Circuit Courts and I think he will agree with me that protracted litigation gives rise to feuds that go on indefinitely, whereas if people come into court and get their cases disposed of quickly the danger of these feuds is limited. In almost every Circuit Court in rural Ireland there are arrears. That is to say, if I give notice of civil proceedings only in very few circumstances can I hope to have the case heard at the next sitting of the court. I am not familiar with the immediate circumstances obtaining in the circuit in which I live, that is the Roscommon, Offaly and Longford circuit; but certainly some months ago, if you had a civil cause there, it might be adjourned for three courts as a result of pressure of business. I submit that, if that is still the condition, it is time that the circuit was reduced in size. The Minister did send down an auxiliary judge to try and clear up the arrears, and I imagine some progress was made in that direction, but either there ought to be a system of auxiliary judges continually going round the country to congested circuits or else the existing circuits ought to be reduced in size, and the judges, if necessary, should go out more often on circuit than they are going at present.

Mr. Ruttledge

I must say that what Deputy Dillon said has surprised me. Certainly Deputy Good's complaint is well founded, but there has been no complaint from country districts. Some judges are able to dispose of all the business in their circuit in something like 80 days per year. When a judge goes into a circuit town, there is nothing to prevent him, unless he has too big a circuit, sitting there until he has disposed of the list. I must say that in the area where I practised there were never any adjournments, except adjournments arising from an essential witness being ill, or an adjournment by agreement with a view to a settlement, or something like that. I have not heard any complaint about the area Deputy Dillon mentioned, but I shall look into the matter. I cannot see how there could be arrears in country places, because there is no judge on circuit working what you might call full time.

Mr. Dillon

The Minister may remember that he had to send an auxiliary judge to the Roscommon, Offaly and Longford circuit.

Mr. Ruttledge

Was the other judge operating at the time?

Mr. Dillon

Possibly it was a substitute judge.

Mr. Ruttledge

I think that was the case. There should not be any such thing in country places. In Dublin the two Circuit Court judges are not able to deal with the work and I am trying to deal with that in the Courts of Justice Bill. As the law stands, under the Act of 1924, when a Circuit Court judge is assigned to a particular circuit, he has jurisdiction in that circuit and in no other. Under the new Bill which has got a Second Reading, it is proposed to give power to a Circuit Court judge to sit in any circuit in the country and I know there are Circuit Court judges in the country who have stated that they would be quite pleased, when on holidays, to do some of the work here in Dublin. There will be under that Bill also, some alteration in the circuits which will enable us to try and deal with the Dublin position.

Mr. Good

Can the Minister not do anything of a temporary nature?

Mr. Ruttledge

I can do nothing at present. I have not even the power to appoint a temporary judge unless I bring in a special Bill, and I think it would be inadvisable to bring it in now, when the matter can be dealt with under the Bill which has been introduced without any increase in the number of circuit judges.

Mr. Good

The system will not get a fair chance because the court is clogged up with work, as there are 300 or 400 cases pending.

Mr. Ruttledge

I quite agree, but I think this will provide a solution.

Question put and agreed to.