The Gazette 1974

coming year to see what changes can be effected. This

will probably involve the Courts and in this regard I

might mention that I have indicated to the Judiciary

that I would welcome visits to our prisons by those who

have not already visited them.

Under the Criminal Justice Act, 1960, I have con-

siderable power to allow prisoners conditional release

or what is commonly known as parole. I can attach

conditions to this release requiring the prisoner to re-

port back at weekends and by virtue of this power,

which is used widely, can introduce variations in the

sentences as mentioned above. The decision will have to

be taken as to whether the proper person to introduce

the variation is the Court imposing the sentence or the

Minister who supervises it or some third party—some

independent authority.

The system of conditional releases is operating very

successfully up to now and last year up to 600 condi-

tional releases were granted. The system permits con-

siderable flexibility to allow releases for work, inter-

views, compassionate family reasons

et cetera,

and it is

effective because it is flexible.

The Courts

We will all agree that persons who appear before

our Courts, whether they are there because they have

civil business to transact or because they have come

into conflict with the law, are entitled to have their

cases dealt with expeditiously and fairly. It is, there-

fore, of paramount importance that our Courts should

have all the resources necessary to the expeditious and

fair discharge of the business coming before them.

The continuous growth over the years in the volume

of Court Business has accelerated in recent years espe-

cially, as one might expect, in Dublin. The number of

cases set down for hearing in the High Court has

doubled in the past four years. The overall volume of

Circuit Court business has increased by 46 per cent in

the past ten years; in the Dublin Circuit Court criminal

trials have increased by 67 per cent and Criminal

Appeals by 119 per cent in that period. The business in

the Dublin Metropolitan District Court has increased

by 70 per cent in the past ten years, the increase since

1970 being more than 30 per cent.

Increase in Court Business

This sharp increase in court business, coupled with

the fact that the full time of a member of the judiciary

from each of the three courts concerned is taken up

with sittings of the Special Criminal Court, had over-

taxed the time of the judiciary, with the result that

serious arrears have arisen in the High and Circuit

Courts and a few sittings of the District Court had to

be cancelled.

Being very concerned at this situation I arranged, as

a first step to remedy it, to provide additional judges

and justices. The Courts Act, 1973, provided for an

increase from six to seven in the statutory number of

ordinary judges of the High Court and an additional

judge has now been appointed to that court. Since

1971. the Circuit Court has had 11 judges including

one "Temporary" judge. With the recent appointment

of an additional "temporary" judge that number has

now been increased to 12. The question of increasing the

statutory number of ten "permanent" Circuit Court

judges, including the President of the court, is at pre-

sent being examined. The number of justices serving

the District Court has been increased from 35 to 37,

including the President of the court, by the recem

appointment of two additional "temporary" justices-

The question of appointing a further "temporary

justice is at present being examined.

While the appointment of extra judges is a most

important contribution to improving the situation, the

procedural machinery in the Courts must be

e x a m i n e d

to see how it can be changed or streamlined, or both)

so as to ensure the most efficient discharge of

court

business. I have, therefore, as indicated earlier,

a r r a n g e d

for an urgent study to be made of some of the

r e p o r ts

of the Committee on Court Practice and

P r o c e d u r e

which contain recommendations and suggest chang

that could help considerably in improving the situa-

tion.

The accelerated growth in the volume of Court busi-

ness in recent years has had its greatest impact

111

Dublin. One of the effects of this has been to

c r e a t e

serious Court accommodation problems.

Pressures on Court accommodation

There are plans to erect a large complex

Court buildings on a site that has been acquired

at Smithfield, Dublin and, as a temporary measure,

provide, on another site in the vicinity of the FoU

Courts, urgently needed accommodation for the Dublin

Circuit Court and for the children's Court. It had bed

expected that by now the temporary additional accom-

modation would have been built and ready for occupa*

tion but unfortunately, certain difficulties arose, which)

I am confident, will be resolved very shortly. I am nov

hopeful that this very urgently needed accommodation

will be available in about a year's time. In the mean'

time every effort has been, and is being, made to relieve

the accommodation pres ures. For example, temporal

prefabricated offices have been provided in Chancer}

Street for the District Court staff; existing accommoda-

tion has been rearranged to provide more office space-

accommodation beside the Four Courts has been pr°*

vided on a temporary basis for use as an addition^

District Court for "traffic" cases; the President of the

District Court has made a determination the effect 0'

which is to divert more Metropolitan District Court

business to Dún Laoghaire; and an additional court has

been provided for the Circuit Court from existing

accommodation in the Four Courts.

Dublin is not, of course, the only area in which there

are serious court accommodation problems. Problems

an acute nature have arisen elsewhere.

The business of the District Court in the provinces

was disrupted last year by industrial action taken b}

District Court Clerks in pursuit of a claim for paV

parity with their Dublin colleagues. I am glad to be

able to report that a basis for the settlement of th

claim has since been agreed with the staff. Briefly, the

basis of the settlement is a productivity scheme, invoW'

ing the reorganisation of the provincial District Court

office and staffing structure.

The Land Registry

In the Land Registry, the upward trend in the

volume of work of recent years has continued; the

number of applications for registration increased frofl

52,700 in 1972 to 58,000 in 1973. This represents a;

increase of approximately 11 per cent over the 197*

figure. The arrears of work while still very high de-

creased by 12 per cent during 1973. I am aware that

delays in registration are causing considerable hardship

100