Dáil Éireann debate -
Thursday, 29 May 1930

Vol. 35 No. 2

Approval of Conventions and Protocols. - Revision of Statute of Permanent Court.

Mr. McGilligan

I move:—

"Go gceaduíonn an Dáil an Dreacht-chonnra chun Athscrúdú do dhéanamh ar Reacht Bhuan-Chúirt an Bhreithiúnais Eadarnáisiúnta, do sighníodh i nGeneva ar an 14adh lá de Mheán Fhomhair, 1929, agus dar leagadh cóip ar Bhord na Dála ar an molann don Ard-Chomhairle gach ní is gá do dhéanamh chun é do dhaingniú."

"That the Dáil approves of the Protocol for the Revision of the Statute of the Permanent Court of International Justice, signed at Geneva on the 14th day of September, 1929, a copy of which was laid on the Table of the Dáil on the 7th day of May, 1930, and recommends the Executive Council to take the necessary steps for its ratification."

This is the Protocol for the revision of the Statute of the Permanent Court, signed at Geneva on the 14th September and presented to this House on a date in May. It is a rather lengthy Protocol but the main changes are small. The Statute of this Permanent Court was drawn up first of all in 1920, and the eight years that have elapsed between that date and the revision showed that the constitution of the Court was to some extent defective. A resolution was passed asking for a revision and a committee of twelve jurists was established to deal with the revision. The amendments relate mainly to procedure. The important ones are that there is an increase in the number of Judges, from eleven to fifteen. That is effected by raising the status of four who were previously described as Deputy Judges. The second point in which there is a change is that Judges, while they hold judicial office in the International Court are prevented from engaging in any other occupation of a professional nature. There is a permanent session of the Court, allowing for vacations for groups of Judges. There is an arrangement whereby the salaries of Judges are fixed, and there is a chapter relating to advisory opinions which follows on the Protocol that we have just discussed. The amendments are mainly in matters of procedure. They have been put forward by the committee of jurists and they gained the acceptance of the Assembly.

Mr. Byrne

Is there a Free State representative on that Bench?

Mr. McGilligan

No. There will be a national panel formed, and that panel will have the right to vote for members of the Court. I would not like to say at this moment that there is or is not a chance that a Free State jurist will secure a position in the Court of International Justice. The Court is composed of jurists of very wide international reputation, and that reputation is mainly shown by a volume of publications. So far it is undoubtedly a fact that although we have jurists of considerable reputation, that reputation is rather limited in its scope because of the fact that they have not had the time to get publications to their credit. There is a younger school of jurists in this country who undoubtedly will come to the degree of reputation which is necessary to become members of the Court. But having that reputation and the qualifications necessary to get on the Court and getting into the ranks of the Judges are two different matters. It depends on a number of things.

Question put and agreed to.