Written answers

Tuesday, 22 May 2012

Department of Justice, Equality and Defence

Courts Service

9:00 pm

Photo of Dominic HanniganDominic Hannigan (Meath East, Labour)
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Question 524: To ask the Minister for Justice and Equality further to Parliamentary Question No. 280 of 21 June 2011, if he will confirm that the 202 applications granted in 2009 and the 165 applications granted in 2010 were dealt with in Criminal Courts or were these 367 criminal offences dealt with in the Civil Courts; and if he will make a statement on the matter. [25263/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The allocation of the business of the courts, scheduling of court cases and the management of court lists are matters for the judiciary and in particular the Presidents of the courts and it would not be appropriate for me to make any comment in relation to this matter. The Deputy will be aware that judges are, subject to the Constitution and the law, independent in the exercise of their judicial functions.

In order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the normal practice in the District Court is that applications granted under Section 5 (2) of the Courts (No. 2) Act, 1986 arising from alleged breaches of Sections 7 or 11 of the Guardianship of Infants Act, 1964 are dealt with in the Family Law Courts.

Comments

Cathal Garvey
Posted on 30 May 2012 12:13 pm (Report this comment)

Minister Shatter said, in reply to Question 280, that "Section 5(2) of the Courts (No 2) Act 1986 makes it a criminal offence for the person having custody of a child to refuse to comply with a court order in relation to the custody of that child".

He is now aware that such criminal offences are dealt with in the Civil Court, in secret. Is there any chance that will he do anything to address this anomaly now that he is aware of it?

The answer to Parliamentary Question No. 280 of 21 June 2011 can be found at http://www.kildarestreet.com/wrans/?id=2011-06-21.1335.0

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