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Dáil Éireann debate -
Thursday, 15 Oct 1992

Vol. 423 No. 6

Written Answers. - Declarations by Judiciary.

Bernard Allen

Question:

51 Mr. Allen asked the Minister for Justice if he will introduce proposals to ensure that members of the Judiciary would indicate their membership of organisations and societies; and if he will take steps to ensure that individuals, on being appointed to the Judiciary, sign a declaration stating that they do not belong to secret societies.

Judicial appointments are made by the President acting on the advice of the Government in accordance with Articles 13.9 and 35.1 of the Constitution.

By virtue of Article 35.2 of the Constitution members of the Judiciary are independent in the exercise of their judicial functions and are subject only to the Constitution and the Law.

Every person appointed a judge under the Constitution is required to make and subscribe the solemn declaration set out in Article 34.5 of the Constitution.

In the light of the above provisions and particularly the terms of the solemn declaration and the circumstances in which it is made and subscribed to by each judge on appointment, I do not consider it necessary to introduce requirements of the kind suggested by the Deputy.

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