While the general circumstances of this very sad case have been mentioned I want merely to fill in the details.
This case involved a constituent of mine from north east Dublin who has been incarcerated in Mountjoy Prison for almost a fortnight now, having been handed down a sentence of three months' imprisonment at the District Court on foot of a committal order sought by a well known Henry Street store for a very small debt owed on a store card account. Those are the basic circumstances surrounding the case.
Since first hearing of the case late this day week I have endeavoured in every way to bring the matter back to the district justice in question at various sittings of his District Court to have it resolved. The woman concerned has quite clearly indicated she would be prepared to make some arrangements with the store in question to discharge the debt. So far I have been unsuccessful in my efforts. Obviously, I am aware that other avenues are open to me and indeed to her legal representatives, perhaps through the Circuit Court.
I first attempted to raise the matter yesterday by way of a Private Notice Question which was ruled out of order and I do so again today in an effort to make some progress in this astonishing case. The store in question is Arnotts of Henry Street. It is astonishing that a company which — as part of its basic business — encourages customers to open store card accounts does not have in place some type of safety net whereby customers who get into difficulties are given the opportunity of a personal meeting with representatives of the store to make some arrangements to discharge their liabilities. It is also astonishing that Arnotts would go to the extent of seeking a committal order for imprisonment and see that imprisonment effected at District Court level. It was an outrageous, untenable course of action. I accept the conventions which the Leas-Cheann Comhairle read out but, having sought legal opinion from different people in the Government parties, everybody still considers this was an astonishing sentence in view of the apparent circumstances.
The Minister of State, Deputy O'Dea, is well versed in legal matters and was a distinguished teacher of law at one of the universities. Is it not time we examined the whole matter of the education of the legal profession? In regard to sentencing policy we appear to have two systems of justice; one for the poor and one for the wealthy. I suggest that a representative of the poorer part of the community has suffered the kind of punishment which is often meted out to that section of the community whereas the wealthy can afford to seek legal assistance.
In view of the recent controversy has the Minister given thought to examining the whole system of education of our split legal profession of barristers and solicitors? Are the Judiciary totally aware of social and other conditions and in a position to evaluate cases in the area of civil debt?
