Brian Lenihan Jnr (Dublin West, Fianna Fail)

I would be delighted to raise that issue with the Tánaiste and Minister for Finance. I understand that it is the traditional practice, but I will check it out. This is a restatement of the basic provision. The Courts Service was not in existence in 1936 and was not acknowledged in its own legislation to have a function in this area. Where fees are paid by franking machines, the courts policy division of the Department is responsible for the paperwork permitting solicitors to use franking machines. That is one of the consequences of not having a function for the Courts Service in this area. It is important that the function be in the Courts Service, and that will allow new forms of payment to be devised. It is also important that the accountability of these fees should be vested in the chief executive of the Courts Service as an Accounting Officer. That is really the purpose of this statutory restatement.

I will check out the issue surrounding the fee-making power, but the general statutory practice is that items of this character are repaid to the Minister for Finance.

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