May I beg the indulgence of the Dáil for the consideration of a very earnest request to grant permission for the introduction of a Bill, mention of which has already been made, and the introduction of which is, in a sense, completing as far as possible in that direction the Constitution which we have adopted. I refer to the Judiciary Bill. I shall have to ask for the very generous patience of the Dáil, because, in the first place, I feel unequal to the proper treatment of a subject of such magnitude and importance, and secondly, because I feel and know that if the subject-matter with which I am attempting to deal were in more capable hands, that all the concessions which I crave would be willingly assented to, though, perhaps, accompanied by some admonitions which would be certainly justified. It is unnecessary to point out here, or to remind Deputies, that the Judiciary, as it is and was known in this country, did not obtain that public approval which is an essential precedent for its Constitution; that while that was so the people of this country were unable to effect any change; and that for a lengthened period —that is to say, since the institution of popular representation and the repeated return of popular representatives pledged to change the administration of the country and its control—prejudiced the selection of the Judiciary, which during that period, although appointed by the Crown, was, nevertheless, made by a Government which did not command the confidence of the people of the country. Judges then entering on their important, and one might well say sacred, duties were nominated by alien authority, and, however conscientiously and justly they may have discharged their duties— granted even, for the sake of argument, that they were in direct intellectual succession from Solomon, they had not that popular authorisation which is a fundamental principle of democracy. There were then political associations which still further prejudiced that position of strict impartiality which is so necessary in the dispensation of justice. I do not think it necessary to refer to the fact that during the period under review the Bench in Ireland had, neverthless, most distinguished and able jurists and conscientious lawgivers. If I might digress for a moment I should say that in the many changes inseparable from the Treaty position, we have endeavoured so to regulate these necessary alterations with as little disturbance and as free from offence as was possible in the circumstances. I hope that those who do not subscribe to the spirit of the change will give us credit for the consideration so shown, and that due appreciation of all the complexities will also be shown. May I also express my keen desire that I should say nothing which would tend to leave any trace of bitterness or make for any want of confidence in the weighty responsibilities which have fallen on us.
After the setting up of Dáil Eireann the position of the Judiciary became complicated, at least in the terms applied to it—namely, "British Courts"; and I think I must again draw on the patience of the Dáil. Previous to the signing of the Treaty there were two Courts, which were termed "The British Courts" and "The Dáil Courts." It will be immediately conceded that such a situation was not workable. I am particularly anxious to avoid any possible complications in this explanation, and would like to confine my remarks to the problem which confronts us, and which is no doubt the wish of every member of the Dáil to solve. The adoption of the Constitution made it necessary to reorganise our Judicial system.
I wish to make an appeal for the consideration of this Bill. We have passed the Constitution, and in it we have made provision for the proposals set out in this Bill. I have already asked many concessions from the Dáil, and Deputies have responded generously. Every reasonable request which I have made, and many unreasonable demands which I have had to make, have been conceded graciously.
This is a Bill drafted on the lines of the report of the Committee set up by the Government to advise the Government as to how best to give effect to the articles of the Constitution, and to provide for the setting up of national Courts of Justice in the Saorstát. I think it is advisable that I should read the letter which I addressed to the members of the Committee at the time when they were invited to assist the Government in the matter. The letter is dated the 29th January, 1923, and is addressed to Lord Glenavy, who was Chairman of the Committee, and it is as follows:—
"In the long struggle for the right to rule in our own country, there has been no sphere of the administration lately ended which impressed itself on the minds of our people as a standing monument of alien government more than the system, the machinery, and the administration of law and justice, which supplanted in comparatively modern times the laws and institutions till then a part of the living national organism. The body of laws and the system of judicature so imposed upon this nation were English (not even British) in their seed, English in their growth, English in their vitality. Their ritual, their nomenclature, were only to be understood by the student of the history of the people of Southern Britain. A remarkable and characteristic product of the genius of that people, the manner of their administration prevented them from striking root in the fertile soil of this nation.
"Thus it comes that there is nothing more prized among our newly-won liberties than the liberty to construct a system of judiciary and an administration of law and justice according to the dictates of our own needs, and after a pattern of our designing. This liberty is established and the headline is set in the Constitution drawn up by the elected representatives of our people.
"It is provided by Article 64 of the Constitution that the judicial power of the Irish Free State (Saorstát Eireann) shall be exercised and justice administered in the public courts established by the Oireachtas by judges appointed in the manner therein mentioned.
"It is thereby further provided that the courts so established shall comprise:
"1. Courts of First Instance (Cuirteanna Cead-Cheime) which shall include:
"(a) a High Court (Ard-Chuirt) invested with full original jurisdiction in and power to determine all matters and questions, whether of law or fact, civil or criminal; and
"(b) Courts of local and limited jurisdiction with a right of appeal as determined by law.
"2. A Court of Final Appeal (Cuirt Aitheisteachta Deire) to be called the Supreme Court (Cuirt Uachtarach).
"For the full statement of provisions you are referred to Articles 64 to 72 (both inclusive) and Article 75 of the Constitution, whereof a print copy is sent you with this letter.
The first Government entrusted by the people with a mandate to give effect to the Treaty from which this Constitution has sprung finds amongst its earliest tasks of presenting to the Oireachtas the measures which will establish courts in fulfilment of the Constitution, and will fashion an administration of justice upon which the people will lean with confidence and affection.
"This task calls for grave consideration and much help in expert advice and suggestion drawn from diverse experience and varied knowledge. The Executive Council felt that it must have the co-operation of a Committee so constituted as to serve it with that advice and suggestion in preparing the necessary measures. On behalf of the Executive Council, I have to thank you for so readily accepting the invitation to become a member of this Advisory Committee, under the Chairmanship of Lord Glenavy. The Government invites the Committee to act in accordance with the following terms of reference—viz.:—
"To advise the Executive Council of Saorstát Eireann in relation to the establishment in accordance with the Constitution of Courts for the exercise of the judicial power and the administration of justice in Saorstát Eireann and the setting up of the offices and other machinery necessary or expedient for the efficient conduct of legal business."
"The Committee is requested to approach the matters referred to them untrammelled by any regard to any of the existing systems in this country, to examine the nature and classification of the legal business, both contentious and non-contentious, for the due discharge of which in the interests of justice, machinery and establishment should be provided by the State, and to consider and report upon the requirements of the litigants and other persons interested, and especially as to accessibility, efficiency, expedition and cost.
"Questions such as these of the centralisation or decentralisation of the Courts, the numbers and grades of judges and judicial persons and officials, and their respective qualifications for office, and manner of selection, the method of trial by jury, will be amongst the many subjects which must anxiously engage your attention.
"It is hoped that the Committee will find it convenient to enter upon its labours immediately, and with a view to that end you are invited to attend a preliminary conference at the Government Offices, Upper Merrion Street, on Friday, the 2nd prox., at one p.m. o'clock."
That letter was signed by me in my capacity as President of the Executive Council. The committee comprised Judges of recognised position and long experience in the existing courts which we took over from the British, as well as Judges who had been very successful in the work of the Dáil Courts. It included representative men of both the legal profession and the President of the Chamber of Commerce. It is a notable thing that the Committee arrived at an absolutely unanimous report. The report was circulated by the Government, and met with a chorus of approval in all directions. The Bill which I now propose to introduce is a Bill for setting up Courts exactly on the lines of the report of that Commission, so that this Bill may be said to have behind it the unanimous recommendation of an expert Commission, and as far as one has been able to judge by the many expressions of opinion in the Press and elsewhere the hearty approval and endorsement of the public. The Government consider it very important to have National Courts of Justice in existence at the earliest possible moment in order that the people may have the most complete confidence in the administration of the law, and may be thereby led to respect for the law which previously existing circumstances did not inspire.
The leading features of the measure are provision for expeditious and economical disposal of legal business, with the advantage of local hearings for the ordinary run of litigation of the country. In future, for actions involving money up to £300, people will not be taken away from their business in the country and kept hanging about in Dublin. The Circuit Court is an innovation in one sense, though in another not, for it reproduces the Circuit Court of the old Dáil Courts System, which was found attractive to litigants. Small debts will, under this Bill, be recovered promptly in the Courts of the District Justice, while a Court of Appeal will be constituted which will be the final Court of Appeal in the land. If we get this Bill through, it will be possible to have the procedure and the business of these Courts organised during the summer, so that they may be able to start in the autumn. If that be not possible, then the new Courts could hardly be anticipated before next year.
As I have said, I have made many requests to the Dáil, and this may be the last. I put that, not to influence your sympathy so much as to ease your mind. The Dáil is within its rights, within its privileges, and within its generosity in refusing this request. But I put the request forward because I feel that it is due to the Dáil itself that, having accomplished so much, and it has accomplished much, still further to mark the great advance which it has made to secure the confidence of the people in their Parliament. I put this forward in the highest national interest to ensure the most priceless blessing which any Parliament can hope to secure, the cordial acquiescence of its people in their legislative assembly, an acquiescence which is attainable only by limiting complaints and by helping in the construction of institutions which will command their highest confidence. I beg to move for leave to introduce this Bill.
