Written answers

Thursday, 7 December 2017

Department of Justice and Equality

Wards of Court

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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97. To ask the Tánaiste and Minister for Justice and Equality the reason the annual report of the Accountant of the Courts of Justice does not contain information regarding the financial transactions in or by the Office of the General Solicitor for Wards. [52407/17]

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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98. To ask the Tánaiste and Minister for Justice and Equality if information in regard to the financial transactions, costs and charges related to the office of the general solicitor for wards will be included in the annual report of the Accountant of the Courts of Justice for 2017 and an addendum included to the 2017 annual report containing such information for all the years for which it has not been provided. [52408/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 97 and 98 together.

As the Deputy will be aware, the High Court has jurisdiction in wards of court matters and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998. 

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the General Solicitor's role in wardship is that of Committee of a number of wards of court. Committees of wards of court, including the General Solicitor, are put in funds by the Registrar of Wards of Court from monies held by the Court or from income received, to meet the costs associated with the care, maintenance and comfort of the ward. 

The General Solicitor is obliged to apply to the Registrar of Wards of Court and, if necessary, to the Court for approval for any major purchase on behalf of a ward of court. Furthermore, the General Solicitor accounts to the Registrar of Wards of Court in relation to income received and payments made on behalf of a ward and is subject to audit by the internal auditor of the Courts Service.

The Accountant of the Courts of Justice manages and invests funds held under the control of the Courts on behalf of wards of court and other beneficiaries.  The financial statements prepared by the Accountant are prepared in accordance with Rules of Court to show the total amount of funds paid or transferred into and out of Court in the preceding year ended 30 September and the balance of funds in Court at the commencement and close of the year.  

The Office of the Accountant of the Courts of Justice does not have sight of the individual transactions discharged by the General Solicitor in the same way as it does not have sight of the individual transactions for any other Committees of wards of court.  Therefore, as information in regard to the financial transactions, costs and charges related to the Office of the General Solicitor for Wards do not come within the remit of the Accountant of the Courts of Justice and the Accountant of the Courts of Justice does not have access to such information, as is the case with all Committees, such information is not included in the Annual Report and Financial Statements of the Accountant of the Courts of Justice for 2017 and an addendum containing such information for 2017 or previous years will not be included.

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