444 / 736
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
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