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Dáil Éireann debate -
Wednesday, 22 Jul 1959

Vol. 176 No. 12

Courts (Establishment and Constitution) Bill, 1959—First Stage.

I move that leave be granted to introduce a Bill entitled an Act to establish. in pursuance of Article 34 of the Constitution, the Supreme Court and the High Court and Courts to be called respectively the Court of Criminal Appeal, the Circuit Court and the District Court, to specify the constitution of those Courts, to provide for the vacation of judicial offices and the filling of vacancies therein, and, in pursuance of Article 58 of the Constitution, to disestablish the several Courts of Justice mentioned in that Article and to abolish the offices of the judges and justices thereof.

The Tánaiste said yesterday there was an obvious error in the Title of this Bill. Has it since been corrected?

I presume General Mulcahy has since informed himself of the fact that what he was referring to was actually a transitory Article which has still the force of law.

It actually exists. Article 58 is correct as quoted in the Long Title.

Will the Minister tell us in what document it can be found because I have to admit that I have not since traced it and I am sure the House will be glad to have the help of the Minister in tracing it.

Actually, I have a copy of the Constitution here in which it appears but being a Transitory Provision it does not appear in the later official texts of the Constitution, that is the text that is referred to in the Constitution as the official text. Nevertheless, it has the full effect of law. As stated in Article 52 of the Constitution:—

2. Every Article of this Constitution which is hereafter omitted in accordance with the foregoing provision of this Article from the official text of this Constitution shall, notwithstanding such omissions, continue to have the force of law.

It is just one of the Transitory Provisions. For instance, one of the Articles stated that within a period of three years Amendments might be made to the Constitution by the Oireachtas. The three years have long since passed. Therefore, the force of that particular Article has also passed and being a Transitory Provision it no longer appears in the official text.

How many Constitutions are there?

Is it the position that this Title is correct even though the Tánaiste said yesterday it was incorrect?

It is quite correct.

No member of the Government knew that yesterday. The Tánaiste said it was wrong yesterday.

Would it not be more correct to say that no member of the Dáil knew it yesterday, either? The Deputy himself made a very slighting——

I think the Minister is perfectly wrong. It was well known yesterday by several members of this House that the Article 58 referred to was one of the Transitory Articles but no Member of the Government Front Bench knew it except the Minister for Justice and he was not here.

Then why did the Deputy make the statement that he made? I have not got the quotation, unfortunately, or otherwise I would give it to the Deputy.

(Interruptions.)

I confess I am still in a considerable state of confusion particularly in view of the fact that we already have a Supreme Court and a High Court. I wonder would it help the House if, for technical reasons, I oppose the First Stage in order to get a short, clear statement from the Minister as to what is the intention of this Bill?

Under Article 58——

No, dealing with the High Court and the Supreme Court.

Article 34 requires it.

Under Article 34 we shall be constituting the Courts. The Courts as operating at present are not operating under Article 34 of the Constitution and this Bill is to bring them in under that Article. We are acting under Article 34 in establishing the new Courts and under Article 58 in disestablishing the existing Courts.

It is a tidying-up operation.

Question put and agreed to.
Second Stage ordered for 21st October, 1959.
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