Léim ar aghaidh chuig an bpríomhábhar

Dáil Éireann díospóireacht -
Thursday, 23 Nov 1961

Vol. 192 No. 5

Ceisteanna—Questions. Oral Answers. - Absence of President of Circuit Court.


Mr. Ryan

asked the Minister for Justice what arrangements are made to permit the President of the Circuit Court to perform the special duties of his office during his absence abroad, and the cost of such arrangements to date; and if he will state the delays in the execution of such duties caused by the absence of the said Judge.

Arrangements were made in my Department to keep the President of the Circuit Court informed of temporary assignments required and of the availability of judges for such assignments. This arrangement involves no expenditure, apart from postal and telegraphic expenses, which, to date, do not exceed £10.

There have been no delays on the part of the President of the Circuit Court in the execution of his duties.

Mr. Ryan

Do delays not necessarily occur while information is transmitted from Ireland across the Continent to Cyprus and back again? Surely that amounts to a delay? It is ridiculous to assert otherwise.

No delay.

Mr. Ryan

In other words, it is quicker than if the man signed a paper here in Dublin.

It is quick enough.


Mr. Ryan

asked the Minister for Justice the date on which the Government agreed to release from his normal judicial duties the President of the Circuit Court who assumed his office on 12th October, 1961.

On 25th October, 1960, the Government approved of the secondment for one year of Mr. Justice Barra O'Briain to act as President of the High Court of Cyprus and on 17th October, 1961, they approved of an extension of the secondment for a further period not exceeding two months as from 15th November, 1961.

Mr. Ryan

Will the Minister not agree that they are two separate people? The man who was President of the Circuit Court in 1960 ceased to be President in October, 1961, and a new person was appointed. Therefore, no question can arise of an extension. What was required in the second instance was a new Order for the release of a named person. The Government failed to do so. It appears that this man was abroad, only he had no leave to be there. Is that not the position?

The Deputy's interpretation is not correct. A new office was established but the decision of the Government related to a person, not an office. The fact that the person involved became President of the new Circuit Court would not in any way affect his secondment to Cyprus.

In view of the unsatisfactory nature of the reply to Question No. 40 on yesterday's Order Paper, I ask permission to raise the matter on the adjournment.

I shall communicate with the Deputy.