A copy of the Intoxicating Liquor Act is to be rushed to a District Court judge today in advance of a hearing of applications for licence extensions under the new legislation.
The Courts Service received a copy of the Act late yesterday evening and will deliver it to Judge Mary Martin at Portlaoise District Court.
She is expected to hear several applications relating to the Act, which the Courts Service said it understood she had adjourned because she had not seen a copy of the new legislation.
The Fine Gael chief whip, Mr Charles Flanagan, highlighted the issue after he received reports that Judge Martin had "thrown out" cases. However, it is understood that the judge adjourned, but did not dismiss, the cases.
Mr Flanagan claimed that a different law was being applied in the midlands from that in other regions. Other District Court judges appeared happy to apply the Act without seeing a copy of the legislation, he said, and he criticised the Minister for Justice, Mr O'Donoghue, for publicising but not printing the Act.
However, a Department of Justice official insisted that the Minister had no role or function in the publication of an Act. It was a matter for the Government Publications Office. He added that the Minister had a duty to inform the public when an Act was passed by the Oireachtas.
The Intoxicating Liquor Act has been in force since July 6th. But no copies are yet available through the Government Publications Office and none has yet been delivered to District Court offices around the State, as is the normal procedure.
The Courts Service said new Acts were printed by the Stationery Office and the Government Publications Office forwarded copies to judges.
A Government Publications Office official pointed out that once the President signs an Act, printing takes two to three weeks. This Act was passed by the Oireachtas on June 30th and signed that evening by the President, Mrs McAleese.
