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Dáil Éireann debate -
Wednesday, 29 Nov 1933

Vol. 50 No. 4

Ceisteanna.—Questions. Oral Answers. - Recognition of the Courts.

asked the President if the instructions given to counsel appearing on behalf of the State in criminal matters are in any matter submitted for Government approval; if, in fact, the request made by State counsel in such prosecutions that the court should enter a refusal to recognise the courts of the Saorstát as a plea of "not guilty" has been approved by the Government or is in accord with their policy, and whether counsel have been or will be instructed to make such requests in all such cases no matter what contumelious acts and circumstances accompany the refusal to recognise the courts of the State.

Instructions to counsel appearing on behalf of the Attorney-General in criminal matters are not submitted for Government approval. I am informed by the Attorney-General that counsel representing him are not instructed to make any requests to the court with regard to the interpretation of a prisoner's attitude on statements. The manner in which a prisoner's statements or conduct is to be dealt with is a matter for the court.

And the prosecution has no interest in the matter we may take it?

Does the President consider it consistent with the dignity of the courts that persons who decline to remove their hats in the presence of the court are to be regarded as persons pleading "not guilty"?

The courts deal with that.

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