Then my argument on that particular point is gone. I wanted to be sure that they would not be brought in by increasing jurisdiction in tort because libel and slander are specific instances of the law of tort. I want to put another and an even greater consideration to the Minister against this proposed jurisdiction.
When the change was made by the Courts of Justice Act, 1936, providing for the High Court to go on circuit, to go down the country and hear appeals, one of the principal arguments that appealed to me personally above all the other arguments for the change of the system was the fact that it brought the judge of the High Court down to the people, that small cases could be heard by the highest judges in the land, that the members of the superior Courts, Supreme and High, would go down amongst the people. We had a tradition in this country, stemming from our history and the kind of justice that was administered by the British courts when they were here, of disrespect for the law. One of the problems that faced this country when we got our own Government and our own Parliament was to change that outlook on the law and to make the people understand that the law and the administration of the law thenceforth was Irish law made by an Irish Parliament and administered by Irish judges and to increase the respect for law and for the administration of the law.
That is a most powerful argument for sending down the High Court and Supreme Court judges on circuit, so that people with small cases would have an opportunity of having their cases determined by the highest courts and that the people in the country would be able to see the High Court judges and the Supreme Court judges in their own areas and in their own atmosphere.
A £50 case is a big case and persons involved in that would like to have a decision of the High Court. Without inany way aspersing the character or capacity of any of the district justices at present operating, there is no doubt that the people who are operating in the District Court are not as experienced or not as learned as the judges who occupy the Circuit Court bench. There cannot be any doubt about that. Perhaps the Minister knows the old epigram made by the late Arthur Clery that inferior courts were or should be quick, courteous and generally wrong. There is a lot in that. It is well to have speedy justice, quick justice and courteous justice and even if the judge goes wrong occasionally, on an average he will hit the thing with a certain amount of common sense, which is what district justices ought to bring to bear upon consideration of cases before them. If you bring these cases of higher jurisdiction mixed up with cases of common assault, mixed up with cases of indictable offences, mixed up with other cases of motor-car offences and all the rest of it, they are just going to get a short knock and there is bound to be appeal to the circuit judge and double costs, and nobody will be satisfied. I very seldom met a litigant who, when he had the chance of having his case heard by a High Court or Supreme Court judge, was not satisfied that he got a fair run and had done all he could to assert his rights.
When this system was inaugurated by the passing of the Courts of Justice Act, 1936—speaking for my colleagues in the Munster circuit, in Cork—when we met there on the first sitting of the High Court on circuit, we recognised amongst ourselves professionally that the High Court and the Supreme Court judges going on circuit were going down to the people to hear cases and that the people should have their cases heard at the cheapest possible rate, and we agreed to cut our fees to the very minimum, nearly approaching what they were under the old system.
If there is any substance in the suggestion that there is any number of cases between £25 and £50 that should be brought to the District Court, you are going to prevent those people who have what are regarded in the country as substantial cases from getting access to High Court and SupremeCourt justice. It is a thing that they value. I know personally from my own fairly wide experience, practising in every court in this country, that the ordinary country people want to have their cases determined by a High Court judge. Nobody will be satisfied with the decision of a district justice. Nobody has greater appreciation of the capacity of a person administering the law, whether he be in the District Court, the Circuit Court, the High Court or the Supreme Court, than the people of rural Ireland. They have a great interest in law. They have now a great respect for the law. But, if they have a case involving considerations between themselves and their neighbour, they will only be satisfied if they get a hearing from a person they respect and in whom they have the utmost confidence. The circuit judges, in normal cases, do command that respect because the people know that the people who are appointed to the Circuit Court are in practically every case—not every case—people of wide experience, people who have made their living as tradesmen at their profession, people who have good knowledge of the law and, if they get a fair hearing before them, the people are satisfied and it is only in a small percentage of cases that there is appeal.
That is a very important consideration which should be brought to bear on those people who may be deluded by specious arguments about cheap litigation, the poor man's court, and all the rest of it. They should not attach any importance to them at all.
I have no doubt that this extension of jurisdiction will mean increased costs on litigants. If anybody thinks I am exaggerating, then I will say that it will not in any way cheapen litigation. I have no doubt whatever about that. I believe it will increase expenses because I believe there will be increased legal fees. At all events, I am certain that there will be no decrease. There will be less appreciation of the administration of justice and people will be deprived of what I consider to be a great privilege for people down the country, namely, that the judges of the Supreme Court and HighCourt should come down to them in their own areas and be there available to them at a comparatively cheap rate as they are at present.
