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Dáil Éireann díospóireacht -
Thursday, 16 Mar 1939

Vol. 74 No. 16

In Committee on Finance. - Vote 36—Supreme Court and High Court of Justice.

I move:—

Go ndeontar suim ná raghaidh thar £36,072 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, 1940, chun pe cuid de Thuarastail agus de Chostaisí Chúirt Uachtarach agus Ard-Chúirt an Bhreithiúnais nach muirear ar an bPrímh-Chiste (Uimh. 27 de 1926 agus Uimh. 48 de 1936).

That a sum not exceeding £36,072 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, 1940, for such of the Salaries and Expenses of the Supreme Court and High Court of Justice as are not charged on the Central Fund (No. 27 of 1926 and No. 48 of 1936).

Could the Minister give us any up-to-date information as to what the calendars of these courts are like? The Minister will remember that in previous years certain of the calendars were very much in arrear. I should like to know whether there are any arrears in the Supreme Court calendar or whether it is up-to-date, and, if so, whether the Supreme Court is fully occupied? Secondly, I should like to know what the calendar is like in the High Court and whether it is the Minister's intention to fill the vacancy which, I believe, exists at present on the High Court bench and, if so, when?

On this Vote I should like to ascertain from the Minister whether he has noticed the various comments from judges and other people as to the high cost of litigation under the new system and whether he is prepared to take any steps to have the cost of litigation reduced by reducing the scale of costs at present obtaining in these cases.

With regard to the question of costs, I recognise that the costs at present seem to be very high, and I shall try to have representations made to the Rule-Making Committee to see if the matter can be dealt with. It seems that in certain cases the costs are altogether out of proportion. The case referred to by the High Court judge in Castlebar the other day was a case in point. I shall see what can be done to try to get a realisation that these costs are entirely excessive and that they would make litigation impossible, if they were allowed to continue. In regard to Deputy Dillon's query as to the calendar of the courts, in the High Court there is very little difference between the position this year and last year. The number of plenary summonses decreased from 893 the previous year to 830 last year, and the number of summary summonses has decreased from 3,269 to 3,122. Bankruptcy proceedings showed a slight decrease from the previous year. Last year they also showed a slight decrease. Petitions for private arrangements numbered 56. As regards arrears to date, there are practically no arrears in any branch of the High Court with the exception of Circuit Court appeals. When we had this Estimate under consideration last year, there were 154 Circuit Court appeals pending.

The number has now been reduced to 83 and it is hoped that they will be all disposed of this year. The Supreme Court calendar is up-to-date. There are no appeals there that can be considered as hanging over for any considerable length of time. I cannot say at the moment when the other vacancy in the High Court will be filled. While you may have the position that there are no arrears, it very often happens that the President of the High Court may have difficulty in arranging for judges in the different courts. The Land Commission sits on one day of the week and the judge who has to take over that work is taken away from the ordinary High Court work. I cannot say when the vacancy will be filled but I am afraid that it is necessary that it should be filled.

It does not seem that with the dwindling business a case can be made for filling the vacancy. The Minister has mentioned bankruptcy business. I wonder whether the Minister would take this opportunity of saying whether it is his intention to do anything in connection with the Bankruptcy Law Report which has been in his hands for a long time?

We hope to do something this year with it.

You are bringing in legislation?

That is welcome news.

Vote put and agreed to.
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