Dáil debates

Wednesday, 27 February 2008

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage

 

1:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

I move amendment No. 17:

In page 20, between lines 26 and 27, to insert the following:

24.—Section 9 (as amended by section 35 of the Court and Court Officers Act 1995 and section 23 of the Courts and Court Officers Act 2002) is amended by substituting the following for subsection (3):

"(3) (a) Whenever an officer is required under subsection (1)(a) to perform the duties, or any duty or duties, of another office equivalent to his or her office, he or she shall, while the requirement remains in force, have all the powers of the holder of that other office in respect of the duty or duties concerned as fully as if he or she held that other office.

(b) Whenever a County Registrar is required under subsection (1)(b) to perform the duties, or any duty or duties, of the office of any other County Registrar, he or she—

(i) shall, while the requirement remains in force, have all the powers of the holder of that office in respect of the duty or duties concerned as fully as if he or she held that office, and

(ii) may exercise such powers concurrently with their being exercised by the other County Registrar.".

This amendment will allow for county registrars to take on additional functions of an equivalent office. It is envisaged that from time to time, in busier circuits, another county registrar will assist the sitting county registrar in relation to the exercise of these additional functions. This will have the effect of freeing up judicial time and should have a very positive impact on the timely disposal of a number of matters, not the least of which will be family law matters in the Circuit Court.

The Courts Service takes the view that an amendment on the proposed lines is necessary to clarify the position regarding the authority of county registrars to perform functions concurrently in a circuit. I am pleased to ask the House to provide accordingly. I wonder if it will have any implications for the counting of votes.

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