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Dáil Éireann díospóireacht -
Tuesday, 24 Mar 1992

Vol. 417 No. 5

Written Answers. - Court Judgments.

Michael Noonan

Ceist:

156 Mr. Noonan (Limerick East) asked the Minister for Justice if he will outline, (a) the circumstances in which the High Court and the Supreme Court are obliged to give reasons for their judgments in both civil and criminal court proceedings and (b) in what circumstances they may issue judgments without stating the basis on which the judgments were made.

It must be appreciated that under the Constitution the courts are independent in the discharge of their functions. Judgments of cases heard in the High and Supreme Courts, excluding cases which are heard in camera, are given in open court and, in most instances, the judge hearing the case gives reasons for his judgment.

In certain cases where a speedy decision is necessary the judge may give an immediate ruling and arrange to give reasons at a later date.

It is a matter for the judge to decide whether or not to issue a written text of his judgment. His decision will usually be guided by the importance of the case concerned and any legal implications arising therefrom.

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