The Gazette 1972

issued some couple of weeks ago in connection with this matter, that what was involved here was a rearrange- ment of the accommodation of two court officials to provide an additional courtroom for a new Circuit Court judge whose appointment was urgently needed in the public interest. The position at present in the Dub- lin Circuit Court is that there are arrears of between nine and ten months in the trial of criminal offences. There are approximately similar arrears as a result in the trial of civil actions because criminal trials, natur- ally enough, so far as possible have to be given prece- dence. This creates a social problem which has been a source of serious concern to me as Minister for Justice. Long delays in bringing cases to trial are unfair to accused persons. They also contribute substantially to an increase in crime because persons on bail, who think they are likely to be convicted and sentenced to prison, are liable to commit additional offences while on bail. The Garda Siochana inform me that in the year 1970, to their knowledge, just short of 1,300 indictable crimes were committed by persons while on bail. While there are a variety of reasons for the fact that persons are on bail for long periods the major reason is that the trial of criminal indictments in the Dublin Circuit Court is very much in arrears and has been for some time. Efforts were made to reduce these arrears by enlisting the assistance of the provincial judges of the Circuit Court, as and when they were available, but, quite obviously, these efforts have been only marginally suc- cessful because the judges were only available for com- paratively short periods. It, therefore, became necessary to appoint an additional judge in Dublin and to find an additional courtroom in which he could function. The only adequate accommodation available for this purpose was accommodation that had previously been used by a taxing master. This fact was established after a lengthy and detailed examination of all sorts of alter- native premises including suggestions for the building of prefabs in or beside the Four Courts, efforts to acquire premises in the immediate vicinity of the Four Courts failed as did an examination of every room that looked in any way possible for use in the Four Courts itself. This then was the background to the taking over of the accommodation concerned. In fact, even in the rather inaccurate and coloured version of the history of the events which he gave the Deputy admits at least two lengthy consultations by senior officers of my De- partment. The allegation, therefore, has since been changed to the effect that, while there were som e consultations, they were not enough or not adequate- Quite clearly the Deputy is not aware of how much consultation did in fact take place or how much dis- cussion took place at these various meetings and how long they lasted. I frankly do not feel under any obligation to defend mvself in relation to the allocation of accommodation i* 1 public buildings. There was so much consultation b> such senior officers of my Department, including the secretary, two assistant secretaries and a senior p^U" cipal officer, that if I were to disclose the full details oi all tho-e consultations I could very well see Deputies i* 1 this House accusing me of wasting the taxpayers' money- It is an absurd situation that the transfer of an official from one room to another should be allowed to take up the time of Dail Eireann, both earlier today at Question Time and again now on the adjournment. Deputy Fitzpatrick, in the various statements which he mad e this evening, laid great emphasis on officials of ^ Í 118

ensuring that the senior Taxing Master could not get into his office that they drove six inch nails into these dummy doors—quite an unnecessary exercise, but, I suggest, evidence of their determination to permanently barricade these people out of their offices. The only intimation this senior Taxing Master got that he was to move to another office was an arrow, in red, I understand, saying "Master de Valera" and pointing that he was to go into Master Bell's office, the junior Faxing Master, who found that his name was obliterated from his door, the only intimation that he got being that he was to go 240 yards away was a mess- age to his clerk. It did not stop at that, because the official papers in the senior Taxing Master's office—his private papers and photographs he had on the wall— were taken in bulk, without by your leave or a word to him, and roughly thrown on the floor of the junior Taxing Master's office. That was the condition these quasi-judicial officers found when they reported for duty on 22nd November. They very properly reported to the Chief Justice under whose direction they discharge their duties. Cenerally, I understand that the Chief Justice is in charge of the administration of the Four Courts, or at least of the judicial officers in the Four Courts. Having reported to him, the Chief Justice instructed them to down tools, to cease to carry out their functions, until such time as proper facilities were provided for them and between 22nd November and 9th December, there was something in the nature—in fact, there was a strike. The Taxing Masters refused to discharge their duties because they were not provided with adequate facilities, and, indeed, it is significant to point out that since then the junior Taxing Master has not been requested to travel these 240 yards, or one-eighth of a mile, to the new office. It may be made light of that a journey of 240 yards is an excessive distance for one of these officials to walk but it is very important when it is borne in mind that they are bound under the rules of the Superior Court, if not under statute, to keep in close consultation with each other, to consult daily on various matters and to ensure that they are acting in principle together. Furthermore, there is a common office, a general office, serving both and it means that if a Master 240 yards away wanted a file, he had to send down for it. The position now is that the two Taxing Masters resumed duty apparently on 9th December and both of them are working in what was formerly the court of the junior Taxing Master and working in shifts because they cannot work together. I want to say that I believe this discloses an entirely unhealthy approach by the Minister and the Minister's Department to the adminis- tration of justice in this country. I will be surprised if, accepting the history of this unfortunate episode as related by me the Minister stands over it or justifies it, or seeks to say that it could be tolerated. I think he would serve his office, himself and the Government much better if he said it was an unfortunate incident which happened without his knowledge and which should not happen and will not happen again. As I said, if some ordinary citizen of this country acted as the Minister's officers acted in this case, the Minister would feel justified in invoking the Forcible Entry Act to have them thrown out and brought before the courts for a breach of the law. Minister for Justice (Mr. O'Malley): I want to emphasise at the outset, as I said in the statement I