715 / 736
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).
BAIL QUESTIONS
Dun Laoghaire Court Facilities
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
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