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Dáil Éireann debate -
Tuesday, 19 Aug 1919

Vol. F No. 12

DEBATES. - NATIONAL ARBITRATION COURTS.

The ACTING-PRESIDENT moved and CATHAL BRUGHA (Waterford County) seconded the adoption of this Report.
J. O'DOHERTY (Donegal, North) moved: "That Clause 3 (a), making clergymenex-officio justices, be deleted.” This was seconded by EARNAN DE BLAGHP (Monaghan, North).
On a division the amendment was negatived by 30 votes to 5.
PROINNSIAS O FATHAIGH (Galway South) moved the insertion of a substitute clause, "that clergymen be eligible for election as justices of such Courts." This was seconded by T. MACSUIBHNE (Cork Mid).
On a division the amendment was negatived by 11 votes to 10.
After further discussion by Ald. T. KELLY (St. Stephen's Green), D. KENT (Cork East), and R. O MAOLCHATHA (Clontarf), the portion of the Report dealing with Arbitration Courts, which reads as follows, was put and carried:—
"1 (a) That a Supreme Court of Judicature be established with appelate and original jurisdiction, comprising three Justices, one of whom would act as Chief Justice, and a permanent Registrar; (b) That the Justices and the Registrar be paid; (c) That the members of the Supreme Court be nominated by the Dáil, and they be removed only on a two-third majority vote of the Members of the Dail at a meeting of that body to which each Member has been summoned.
"2. (a) That District Courts be established with Jurisdiction corresponding in area to the County Court Judges' jurisdiction, and with appelate jurisdicdiction on matters referred from the Inferior Courts; (b) That District Court Justices be nominated by the Dáil and paid for their services; (c) That Justices in the Inferior Courts be ineligible for appointment as District Court Justices.
"3. (a) That Petty Courts be established in the areas corresponding with the present Petty Sessions' Districts; (b) That if possible a Justice (to be elected locally on adult suffrage) be appointed to each chapel area; (c) That clergymen beex-officio Justices in such Courts; (d) That such men who are by virtue of their office as popularly elected representatives ex-officio Justices on the English Courts be ex-officio Justices on the local Dáil Courts, provided they cease to sit on the English Courts.
"4. That all Justices of Inferior and Supreme Courts be required to pledge their allegiance to the Republic."
The recommendation regarding the formation of Conciliation Boards was deferred until the Report of the Labour Committee was taken up.
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