Dáil Éireann Debate, Wednesday - 6 June 2012
659 Deputy Mattie McGrath asked the Minister for Justice and Equality the procedures available to a citizen affected by court orders to ensure that all such orders are recorded and available for inspection by all affected; and if he will make a statement on the matter. [26517/12]
Amharc ar fhreagraAs the Deputy is aware, the Courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. Practice and procedure relating to the operation of the courts is determined either by relevant legislation or by Rules of Court defined by the Rules Committees of the various court jurisdictions. Any person being a party to civil proceedings would be entitled to inspect an order made in the case. In addition, any person being a party may, upon payment of an appropriate fee, obtain a copy of any order made by the court.
Court offices also maintain a number of registers which are open to inspection by the public on payment of an appropriate fee. Examples include the Judgments Register maintained in the Central Office of the High Court and the Licensing Register in the District Court. In addition, the result of every High Court application, including the nature of the order made, can be viewed on-line for all cases, other than those required by law to be heard otherwise than in public e.g. family law cases.
660 Deputy Mattie McGrath asked the Minister for Justice and Equality if he is satisfied that An Garda Síochána is discharging its duty to take proper heed or proper notice of concerns expressed in the courts as to abuse of the summary summons or special summons process by the filing of affidavits containing untrue or unfounded averments of fact and law; and if he will make a statement on the matter. [26520/12]
Amharc ar fhreagraThe summary summons procedure is one whereby civil proceedings can be commenced in the High Court and those proceedings are heard on affidavit without pleadings and with or without oral evidence. The special summons procedure is one that may be adopted where there is no other procedure prescribed by the Rules of the Superior Courts and the proceeding is one which is required or authorised by law.
Where people knowingly file affidavits containing falsehoods they may be guilty of committing the offence of perjury. One of the functions of the Garda Síochána is to bring criminals to justice by detecting and investigating alleged crimes and if the Deputy is aware of any particular instance where the offence of perjury may have been committed he should bring this to the attention of the Garda authorities so that the matter can be investigated.
