asked the Minister for Justice whether he recognises any responsibility for the orderly, comprehensive and rapid publication of all written judgments of the High Court, the Court of Criminal Appeal and the Supreme Court; and whether he has any proposals for improving the chronically unsatisfactory position in this regard.
Ceisteanna—Questions. Oral Answers. - Court Judgments.
4.
(Limerick East): I assume that the Deputy is not asking about legal responsibility and that the question is concerned with the situation in practical terms. On that basis, my attitude is that I recognise the need for the expeditious publication of judgments and that it is right that I should give any assistance that I reasonably can, having regard to available resources.
The Incorporated Council of Law Reporting for Ireland, which is an independent body and is responsible for the publication of the Irish reports, has for many years been in receipt of an annual grant-in-aid from my Department to assist with the compilation and publication of the Irish reports. The grant this year is £27,000. There have been criticisms of the Irish reports to the effect that they do not include as many judgments as would be desirable and that publication is not sufficiently prompt. I am informed that the council has taken steps to meet both criticisms. It intends to include in the reports a greater number of judgments and it has recently made new arrangements which should secure a substantial improvement in publication dates.
Apart from that, there is an arrangement whereby copies of all written judgments are made available for purchase through the Central Office of the High Court and are also supplied by that office, free of charge, to the Law Library, the Incorporated Law Society, the Oireachtas Library, the universities and other educational institutions. I am aware that recently for a period of some months there were delaays in the preparation of the photo-copies of written judgments with the result that the issue of the copies by the Central Office was significantly delayed. That particular problem has been solved and there is now no delay.
Taking the position as a whole, therefore, I believe that the position has already improved in certain respects and that a substantial further improvement is on the way.
I thank the Minister for his comprehensive reply. Will the Minister not agree that whatever little help may be afforded by the availability of a typescript it is a very inconvenient mode of access to a judgment compared with the orderly printing of official reports that once were comprehensive enough but now, as the Minister correctly admits, have become quite inadequate? Further, will he not agree that the delay in cases that can involve the State either on the civil or criminal side, the accused persons and ordinary private litigants, is quite scandalous in that it can sometimes take three or four years for a Supreme Court decision to appear in print? In this connection I refer to the Murphy decision regarding married couples' income tax: it was three-and-a-half years before it got into reports. Will the Minister consider getting his Department to hold a simple conference of interested parties? These must include not just the Bar Library but everyone who teaches and has to learn this stuff to see what can be done to make available here what exists in every other country, namely, a complete service of information about the law of the land as interpreted by the courts?
(Limerick East): I recognise the need for expeditious publication of judgments. A grant of £27,000 is supplied by my Department. There have been some difficulties and there is room for improvement, whether by means of conference or some other consultation. I will take up the Deputy's suggestion and see if matters can be organised more expeditiously.
I hope the Minister will accept that I intend no criticism of himself or his Department: I accept they provide this grant. However, will he not agree there is a ludicrous disparity in terms of the State commitment between the system whereby the most casual and trivial remark made by a Deputy in this House or by a Senator in the other House is set in type, printed and made available to the public within seven days whereas in the cases of judgments of the Supreme Court, the High Court or the Court of Criminal Appeal it can be seven years before they are reported, if they are reported at all? I was working with such a case a few days ago that is ten years old but is still not in print. Will the Minister not agree that it is a ludicrous situation, where casual speeches that have no legal importance can be printed within a matter of days but where the same does not apply to the law of the land?
(Limerick East): I agree that the expeditious production of reports in proper form would be of benefit to all concerned.
Will the Minister follow up my suggestion of having a simple, private conference between the various parties interested in the matter?
(Limerick East): I agree that is further room for improvement but I am not prepared to say whether that can be done by means of a conference or some other means. It might be possible to do it informally.
The Minister should not be afraid of the man.
Will the Minister state the amount of grant-in-aid in 1981, 1982 and 1983?
(Limerick East): I have not that information.
I am surprised about that. Will the Minister supply it to me afterwards?
(Limerick East): I will supply it to the Deputy.