The Gazette 1972

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

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

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*

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*

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

this evening, laid great emphasis on officials of ^ Í

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