Written answers

Wednesday, 21 January 2015

Department of Justice and Equality

Court Orders

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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150. To ask the Minister for Justice and Equality if her attention has been drawn to an eviction which took place (details supplied) in County Kildare wherein a person was evicted from their dwelling; if the eviction was carried out in accordance with due process and natural justice; if on foot of a court order or a letter from the Private Residential Tenancies Board, her attention has been drawn to the composition of the five-man group who effected the eviction, one of whom purported to be a member of An Garda Síochána; if any, all or none of the group involved were members of An Garda Síochána or falsely presented themselves as members of the force; if her attention has been drawn to the legal consequences in the event of the latter; if, as alleged, the gardaí, when called by the tenant, were asked to leave by those enforcing the eviction and if so, on what basis; if charges are pending arising from the incident; if any provision has been made for the tenant to collect their personal effects in the presence and under the supervision of An Garda Síochána; and if she will make a statement on the matter. [3060/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will be aware, I have no role in relation to executing court orders. The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. It is therefore not open to me to comment or intervene in any way on the conduct or decision of a particular court case which is a matter entirely for the presiding judge.

The Sheriff (or County Registrar acting as Sheriff) is responsible to the Court for the Enforcement of the Court Orders and the law and procedures governing the execution of Court Orders is contained in the Enforcement of Court Orders Acts, 1926 to 1940 and the Rules of Court made thereunder and I have no function in this matter. Any dispute in relation to the enforcement of a Court Order is a matter for the Courts.

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