The Gazette 1967/71

arrears. Mr. Moran : The number of cases in each of the categories mentioned, awaiting hearing in the Dublin Circuit Court is : (a) 4,072, since October, 1968; (b) 207, since October, 1968; (c) 781, since January, 1969, and (d) 42 cases of recent origin. Four court chambers are available for the Dublin Circuit Court, and a fifth can be provided when non-sittings of the High Court permit. As the Deputy is aware, the President of the Circuit Court is the statutory authority in relation to arrangements for ensuring an equitable distri bution of the work of the Circuit Court among the several judges and the prompt dispatch of the business of the Circuit Court in the several circuits. It came to my notice last year that the very sub stantial increase in the number of cases going to trial since the enactment of the Criminal Procedure Act, 1967, was creating serious arrears of criminal cases in Dublin Circuit Court. Following corres pondence which I had with the President of the Circuit Court, he assigned an additional judge full- time to criminal trials in Dublin during the Michaelmas term, and also arranged temporary transfers of other judges to Dublin, with the result that the number of judge-days devoted to criminal trials in that term rose from 55 to 114. The President continues to provide additional judges. The position has improved to the extent that the number of criminal trials awaiting hearing has fallen from 256 to 207. The delay in hearing civil cases, which had been nine months, is now seven months, and this will shortly be reduced to five months. While, as already stated, the question is prima rily one for the President of the Circuit Court, I am keeping the position under continuous review. There is no possibility of getting additional court accommodation within the Four Courts and my endeavours to have circurt court business trans acted in Dun Laoire where there is a suitable courthouse have not found favour with the judges. As regards the number of malicious injury claims awaiting hearing, the rate at which these cases are disposed of depends not on the avail ability of judges, but on the speed at which the Dublin Corporation processes the claims as a preliminary to court hearing. As a result of repre sentations by the Dublin County Registrar Dublin Corporation have recently increased from 80 to

160 the number of cases listed for each sitting for this class of business. A gradual improvement may therefore be expected. Mr. T. J. Fitzpatrick (Cavan): I take it the Minister will agree that his reply discloses quite an alarming backlog of arrears in the Dublin Circuit Court. Is the Minister aware that, in so far as criminal trials are concerned, while the arrears have been cut down from 256 to 207, the cases are being listed in such fashion that the short cases are taken while those which will take some time are Jeft still hanging over the heads of the accused persons for quite a long time ? Is the Minister further aware that the temporary transfer of Cir cuit Court Judges from the country to the city threatens to create serious arrears in provincial centres ? I take it the Minister will agree that that is not desirable and the only way to avoid the posi tion is by appointment of one or more Circuit Court Judges. Mr. Moran: I agree that, since the new procedure following on the passing of the 1967 Act, there is a problem as far as criminal cases are concerned. Custody cases are heard within the term and the long delay occurs in cases in which people con cerned are out on bail. I agree the position is not satisfactory. I pointed out in my reply that there is no room in the Four Courts and those concerned with the law, particularly the members of the Bar, would not operate with judges using the court house in Dun Laoghaire, a courthouse I think perfectly satisfactory but those concerned are not prepared to operate there. The Deputy will appre ciate that there is legislation in the pipeline which will change the whole situation and we cannot really assess the position until that legislation comes. As far as malicious injuries are concerned, the position at the moment is that these cases go to court; under the proposed new legislation local authorities will be entitled to settle them or pay money into court. In that event a backlog will not occur. In fact, the present backlog has nothing to do with judges. I am talking now of criminal injury cases. This problem arises in the processing of these cases by the Dublin Corporation. The number of district justices will be substantially increased. Mr. T. J. Fitzpatrick (Cavan): Am I right in thinking that a suitable building adjacent to the Four Courts was recently offered as additional 158