Article 67 reads:— The Judges of the Supreme Court, and of the High Court, and of all other Courts established in pursuance of this Constitution shall be appointed by the Representative of the Crown on the advice of the Executive Council. The Judges of the Supreme Court and of the High Court shall not be removed except for stated misbehaviour or incapacity, and then only by resolutions passed by both the Chamber/Dáil Eireann and the Senate/Seanad Eireann. The age of retirement, the remuneration and the pension of such judges on retirement and the declarations to be taken by them on appointment shall be prescribed by law. Such remuneration may not be diminished during their continuance in office. The terms of appointment of the judges of such other courts as may be created shall be prescribed by law."
In Committee on the Constitution of Saorstat Eireann Bill. - ARTICLE 67.
Mr. O'HIGGINS
Mr. GAVAN DUFFY
I want to point out first of all to Ministers, as a matter for consideration, that here you speak of remuneration and pension as being two distinct things. I think one should be very careful to use the same phraseology. In some other clauses the expression used is remuneration, and it is intended in those other clauses to cover both salary and pension. We ought to get this right, I think, on the next reading. I move as an amendment to delete " and all other Courts established in pursuance of this Constitution by the representative of the Crown." I am assuming for the sake of argument that we shall be told that superior judges must be appointed by the representative of the Crown, and that otherwise we should lose the Treaty. Be that so. I hope the Ministers will have no difficulty in accepting the amendment, for one or two very good reasons. First of all there is Dominion precedent for it; secondly, it would be extremely inconvenient—to put it on no higher grounds—to have every little justice in the country, every parish Justice, if we have such a thing under the new dispensation, or every Petty Sessions Justice, appointed by the representative of the Crown. If Ministers will reflect they are up against this difficulty:—There will be no Courts-martial for trying military prisoners unless they are established under this Constitution. Therefore, this Article states: "Every officer who is a judge at a Court-martial must be so appointed by the representative of the Crown." Now, I acquit Ministers of prescribing any such thing, but that is what they inadvertently prescribe—that every Court-martial officer will have to be appointed by the representative of the Crown. If the House will refer to Article 100 of the South African Constitution they will find a very good precedent for confining this matter of royal appointment to only the higher Judges. Article 100 of the South African Constitution says: "The Chief Justice of South Africa, the ordinary Judges of Appeal, and all other Judges of the Supreme Court of South Africa to be appointed after the establishment of the Union, shall be appointed by the Governor-General in Council." There is nothing about the lower Judges anywhere. I think for the reasons I have indicated, and as you have the South African precedent to go upon, that the Ministry should accept, either now or, if they want time to consider it, at the next reading, this very necessary amendment.
Mr. O'HIGGINS
We are prepared to look into that Article and give ample opportunity for discussing it on the next Reading, if we bring it up as it now stands; but we will probably alter it.
AN LEAS CHEANN COMHAIRLE
Does Deputy Gavan Duffy withdraw his amendment?
Mr. GAVAN DUFFY
Postponed for the next Reading.
Motion made and question put: "That Article 67 stand part of the Bill."
Agreed to.