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Dáil Éireann debate -
Tuesday, 28 Oct 1924

Vol. 9 No. 4

WRITS FOR BY-ELECTIONS. - COUNTY COURT APPEALS BILL, 1924—SECOND STAGE.

I explained on the First Reading the necessity for this Bill: that it arises from the fact that upwards of 3,000 appeals are pending from decisions given in the Civil Bill Courts, and that this constitutes a problem which the existing Judges of the Supreme Court and the High Court would be unable to handle without encroaching seriously on their work in the High Courts. I am asking, therefore, for power to appoint four Commissioners who will sit continuously until this large number of appeals is disposed of. Section 1 of the Bill transfers the jurisdiction given by Section 103 of the Courts of Justice Act to Judges of the High Court to hear appeals to the Commissioners to be appointed under this Bill. Section 2 provides the method of payment and removal, and defines the qualifications necessary for appointment. Section 3 enables the Minister for Justice to allocate the business amongst the Commissioners. The Commissioners will be appointed immediately upon the passage of the Bill, and will sit continuously until these appeals are worked off. I may mention that the basis of remuneration suggested is that the Commissioners be appointed at the same rate of payment as Judges of the High Court, namely, £2,500. Working with four Commissioners, the work should be completed in possibly three or four months, and with allowances for travelling expenses and other incidentals, the cost entailed will be in or about four or five thousand pounds.

I would like to ask the Minister if, on the appointment of the Commissioners, he contemplates appointing legal men who have at least as much experience as the Judges and Recorders from whose decisions appeals are taken. I think it would be a little unseemly if a person were appointed as a Commissioner who had much less experience in the law than the Judges or Recorders from whose judgments appeal was taken.

The Deputy's point is quite sound, and the desirability of getting men of high standing for the performance of this work is recognised. I do not anticipate any particular difficulty in getting such men. We have one or two people in mind whom we consider eminently competent.

Question—"That this Bill be read a Second Time"—put and agreed to.
Committee Stage ordered for Tuesday, 4th November.
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