Brian Lenihan Jnr (Dublin West, Fianna Fail)

I move amendment No. 13:

In page 17, to delete lines 12 to 33 and substitute the following:

14."(1) Subject to subparagraph (2) of paragraph 4 of the Sixth Schedule to the Courts (Supplemental Provisions) Act 1961, an order made on or after the commencement of this section recording a decision of a judge of the District Court shall, when signed by—

(a) any judge of the District Court assigned to the District Court district in which the order was made, or

(b) subject to subsection (2), any district court clerk assigned to the District Court area in which the order was made,

be evidence in any legal proceedings of the decision until the contrary is shown.

(2) Paragraph (b) of subsection (1) shall not apply in the case of an order sending an accused person forward for trial.

(3) Subject to subparagraph (2) of paragraph 4 of the Sixth Schedule to the Courts (Supplemental Provisions) Act 1961, a warrant issued on or after the commencement of this section by a judge of the District Court shall, when signed by—

(a) any judge of the District Court assigned to the District Court district in which the warrant was issued, or

(b) subject to subsection (4), any district court clerk assigned to the District Court area in which the warrant was issued, be evidence in any legal proceedings of the matters to which the warrant relates until the contrary is shown.

(4) Paragraph (b) of subsection (3) shall not apply in the case of a search warrant or a warrant sending an accused person forward for trial.".

This proposed amendment follows discussions between the Courts Service and the president of the District Court. It replaces the amendment to Sections 13A and 14 of the Courts Act 1971, which is currently at section 19 of the Bill. It aims to authorise district court clerks to sign orders or warrants — though not orders returning for trial or search warrants. The redrafting of the amendment is specifically to render the provision subject to subparagraph (2) of paragraph 4 of the Sixth Schedule to the Courts (Supplemental Provisions) Act 1961. This makes it clear that the changes do not displace the provisions of the Sixth Schedule, which provides that in the case of illness or absence of the judge permanently assigned to a district, another judge may, with the consent of the Minister, exercise and perform, during such illness or absence, the privileges, powers and duties of the judge permanently assigned to that district.

See this speech in context