Moran, MichaelThursday, 26 November 1953 |
Dáil Éireann Debate
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Courts of Justice Bill, 1953—Report.
This amendment will give the Minister and his Department a chance to see how things will work out under the new jurisdiction, and I think it would be very foolish for the Minister to commit himself un...
I do not agree with the suggestions made. No case has been made and I suggest the Minister leaves the matter as it is.
Is not there provision for the jury already?
Surely we are not in order in discussing it on this amendment?
The position was not as envisaged in this new section. It appears to me that under this section it is open to a justice to transfer any case within his district, irrespective of whether the parties c...
I have just glanced through the section and, on my reading, there is no provision in it that the parties are to be consulted at all. This new section appears to me to give absolute power to a district...
He certainly had not that power in a civil case, as far as I know.
I support this amendment. My complaint is not like other members of the House, even those in favour of it—it is that it is not going far enough. This amendment possibly also gives me an opportunity ...
So far as this amendment is concerned, when he goes to the Seanad I think the Minister should make the amount mentioned in the amendment £100 instead of £50. I think when this and the other amendment...
You can do it now, too. There is nothing to prevent you issuing the proceedings in the Circuit Court.
You can initiate the proceedings in the Circuit Court.
Members of the Bar.
If the Deputy has no personal interest in the matter he has been extremely vehement on this subject. Why has he taken upon himself to suggest that the only interest that Deputies like myself and Depu...
The Deputy certainly implied it. I want to make it quite clear to this House that there is nothing further from my mind; and I am sure that the same is the case with Deputy O'Donnell, and that we wan...
I would suggest to Deputy Costello that there are far more appeals from the Circuit Court to the High Court and far more appeals from the High Court to the Supreme Court than there are from the decisi...
Perhaps no justice, at a far greater expense than you do in the justice you get from the District Courts. The big part of the expenses of litigation is not the costs but the question of witnesses' ex...
From Belmullet or from Achill Island, or on the other side from Shrule on the Galway border.
The Circuit Court sits, I understand, once, if not twice, a year in Belmullet, but I am taking it that the Circuit Court does not sit any nearer to Achill than the towns of Castlebar or Westport. Fro...
The District Court sits, for instance, in Achill Island, and the local islanders in the Island of Achill have to pay for costly car hire for their witnesses and take them up to the town of Castlebar f...
Oh, indeed you are not. The suggestion of the Minister and the Department is that district justices have not enough to do in all those areas. That is the suggestion of the Department.
Not necessarily more days at all. In many country districts —I am speaking of the parts of the country that I know, the district justices carrying out their job in rural Ireland—in very many cases, a...
I certainly never heard of a jury being demanded in actions of that kind.
I do not know how one's reputation is involved in a running-down action. Perhaps the Deputy does.
At all events, is it not true that as the law stands, not alone in cases of £50 but in cases of up to £300, litigants are deprived of trial by jury when there is an appeal to the High Court against wh...
I doubt if they can really be serious about this opposition. Of course, it may be that these Deputies are not as accustomed as people like myself are to actions in the District Court on the contract s...
Intestates' Estates Bill, 1953— Second Stage.
I welcome this Bill, so far as it goes, as an undoubted improvement and advance but on some of the more glaring injustices existing under the Intestate Estates Act it is unfortunately silent. One of ...
It would be impossible to make it retrospective.
Will the Minister consider the position of the heir-at-law as against the widow in this Bill?
Private Members' Business. - R.I.C. Pensions—Motion.
It is not quite clear to me what is envisaged by the mover of this motion. I assume, from the wording of the motion, that a number of the people contemplated would be in receipt of pensions in respec...
The motion does not say that.
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