Vol. 477 No. 5
245 Mr. O'Donoghue asked the Minister for Justice the number, names and addresses of District Court clerks assigned during the month of December 1996; the reason they were assigned; whether any of the individuals concerned had signed summonses prior to being assigned; whether any member of the public had been convicted on foot of such summonses; and if she will make a statement on the matter. [9592/97]
Section 48 (1) of the Court Officers Act, 1926 provides for the assignment of District Court clerks by the Minister for Justice. It had not been the practice in my Department to formally assign all District Court clerks to the area which they served on the basis of legal advice received and a High Court decision made in July 1983 to the effect that such assignments were not necessary in all cases.
Following a related matter being raised in Ballina District Court in a case in December 1996 where the validity of a summons was challenged, on the grounds that the person signing summonses had not been formally appointed as a District Court clerk it was decided, in order to remove any doubts, to formally assign, as a matter of routine, all District Court clerks. In December 1996 a number of formal assignments were made where clerks had been properly appointed but not formally assigned or where there had been changes in the District Court areas which they serve. It is now practice in my Department to make a formal assignment of District Court clerks on appointment or transfer as as well as formal appointment.
In a case raised in Wexford in March 1997 which relates to the assignment of a properly appointed District Court clerk the court dismissed a number of summonses. In that case I understand that a Notice of Appeal by way of case stated to the High Court has been lodged by the Director of Public Prosecutions.
It would not be possible without the expenditure of an inordinate amount of staff time and costs to establish details of summonses issued by the District Court clerks in question which could only be ascertained by the examination of individual court files. Nor would it be appropriate for me to comment on any matter in connection with the issue of summonses or conviction on foot of summonses where there are legal issues involved.
Assignments of individual District Court clerks in December were as follows:
|
Name |
District Court Office |
|
Ms Ann Giblin |
Ballina District Court Office |
|
Mr. Séamus Glackin |
Dublin Metropolitan District Court Office |
|
Ms Bernadette Thornton |
Sligo District Court Office |
|
Ms Mary Linehan |
Cork District Court Office |
|
Ms Olive Stewart |
Wexford District Court Office |
|
Mr. Diarmuid Ó Buachalla |
Galway District Court Office |
|
Ms Margaret Heavey |
Ballinasloe District Court Office |
|
Mr. Kevin Murphy |
Cavan District Court Office |
|
Mr. Gearóid Ó Domhnaill |
Galway District Court Office |
|
Mr. Michael Considine |
Gorey District Court Office |
|
Mr. Nicholas Power |
Ballinasloe District Court Office |
|
Mr. Peter Golden |
Limerick District Court Office |
|
Mr. Peter Dunworth |
Limerick City District Court Office |
|
Mr. James V. Woods |
Limerick City District Court Office |
|
Ms Mary Baldwin |
Naas District Court Office |
|
Mr. Declan Curry |
Naas District Court Office |
|
Mr. Augustine Gerard Downey |
Clonmel District Court Office |
|
Mr. James Redmond |
Clonmel District Court Office |
|
Mr. Edward Mullins |
Cork City District Court Office |
|
Mr. Charles Dorgan |
Cork City District Court Office |
|
Mr. Leonard McCarthy |
Cork City District Court Office |
|
Ms Mary Mooney |
Cork City District Court Office |
|
Ms Síle de Buitléir |
Cork City District Court Office |
|
Mr. Martin Kelly |
Cork City District Court Office |
