Written answers

Thursday, 24 May 2018

Department of Justice and Equality

Court Procedures

Photo of Brendan  RyanBrendan Ryan (Dublin Fingal, Labour)
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77. To ask the Tánaiste and Minister for Justice and Equality his plans to introduce legislation to rectify an apparent inconsistency (details supplied); and if he will make a statement on the matter. [23010/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that there is no inconsistency between the section of the Act and the rule of court (Court Order) referred to by the Deputy. By virtue of section 4(1) of the Act, section 18(h)  applies to an enactment (including a rule of court) except in so far as the contrary intention appears in this Act, in the enactment itself (in this instance, the rule of court concerned) or, where relevant, in the Act under which the enactment is made. The effect of section 4(1) is that if a contrary intention appears in another enactment when considering whether a provision of the Act applies, the Act provision will not apply.

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