The Gazette 1967/71

A condition of leave to appeal to the Lords was that Mr. Irving and Cassell pay into court a total of £29,000 to secure Capt. Broome's costs in the High Court and the Appeal Court. Further conditions were that the £25,000 for the exemplary damages, already paid into court, shall remain there, with £1,500 paid in by Mr. Irving as security against costs. The £15,000 compensatory damages has already been paid to Capt. Broome. The £40,000 damages awarded in the High Court in February last year was made up of £15,000 compensatory damages and £25,000 exemplary damages. Both Mr. Irving and Cassell appealed against the total award but not against liability. Mr. Irving appealed against both sums. Cassell appealed only against the £25,000 punitive damages. (Daily Telegraph, 5th March 1971). Mr. Barry Desmond asked the Minister for Justice if he is aware of the continued hardships affecting citizens of Dun Laoghaire Borough who have to travel to the Dublin District Court to transact licensing cases, children's cases, civil matters, landlord and tenant cases, etc., because of the failure to set up a local District Court in Dun Laoghaire which could also service the South County Dublin area; and if he will make a state ment in the matter. Mr. O'Malley: As the Deputy will be aware, there are conflicting views on the be aware, there are conflicting views on the merits of establishing a District Court with full jurisdiction in Dun Laoghaire. In particular, such a proposal would run counter to the unanimous recommendations of the Committee on Court Practice and Procedure. As of now, I personally favour having a court with full jurisdiction in Dun present area, which would also serve adjoining areas in South County Dublin. However, there are complicated issues involved. For example, the removal of the Dun Laoghaire area from the Dublin Metropolitan District would BAIL QUESTIONS Dun Laoghaire Court Facilities

have some serious side-effects on the status of the area in the context of the licensing laws, and amending legislation would be necessary to pre serve the present status. I hope to reach a firm decision in principle at an early date. However, it will be clear from what I have said that there must be some delay in implementing any decision involving the removal of the area from the Dublin Metropolitan District. Mr. Desmond: I welcome the Minister's de cision but I ask him if he would accept that at present there is inflicted on the public generally as well as on members of the Garda Siochana very considerable inconvenience and hardship be cause there is no district court sitting in Dun Laoghaire? I wonder if the Minister could give any assurance that this matter will be expedited by his Department, Mr. O'Malley: I have told the Deputy what are the difficulties. Legislation would be necessary because of licensing laws, but as I said, personally I favour it. It is not correct for the Deputy to say that there is no district court sitting in Dun Laogh aire. One sits several days a week but it is limited to a certain type of jurisdiction. (Dull Report, 4th February 1971). Limerick Court Dock Mr. O'Donnell asked the Minister for Justice whether he proposes to have the dock removed from Limerick Court; and, if not, why. Mr. O'Malley: In accordance with a unanimous recommendation of the Committee of Court Practice and Procedure all local authorities con cerned were asked, early in 1969, to have docks removed from the courthouses under their con trol where this could be done without undue ex pense. As a result, docks have disappeared from all but a handful of courthouses throughout the country. In regard to Limerick the local authority have not so far carried out this work but they recently informed the County Registrar who has raised the matter again, that the matter is having their attention. (Dail Eireann, 9th March 1971). 253