Written answers
Tuesday, 20 September 2011
Department of Justice, Equality and Defence
Court Procedures
9:00 pm
Catherine Murphy (Kildare North, Independent)
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Question 378: To ask the Minister for Justice and Equality if he considers it desirable to provide, in cases in which a conviction is set aside in the District Court, for a report to be provided on the reason a judge decided on this course of action; and if he will make a statement on the matter. [24632/11]
Alan Shatter (Dublin South, Fine Gael)
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As the Deputy will appreciate, members of the judiciary are, subject only to the Constitution and the law, independent in matters concerning the exercise of judicial functions.
I assume the Deputy is referring to the operation of section 22 (6) of the Courts Act 1991 which provides that summary proceedings may be set aside where a person was summoned to court and the court is satisfied that he or she did not receive the notice of the summons or hearing.
I do not have any proposals at this time to introduce a new provision along the lines suggested by the Deputy. However, the matter will be kept under review by my Department.
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