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Dáil Éireann debate -
Tuesday, 4 Nov 1997

Vol. 482 No. 3

Request to move Adjournment of Dáil under Standing Order 31.

Before coming to the Order of Business I propose to deal with a notice of motion under Standing Order 31 from Deputy Jim Higgins. I now call on Deputy Higgins to state the matter of which he has given notice to me.

(Mayo): Pursuant to Standing Order 31 I seek the Adjournment of the Dáil to debate the following specific and important matter of public interest requiring urgent consideration, namely, the decision of Mr. Justice McCracken in the High Court on Friday last that a summons issued was invalid because the District Court clerk had not been properly appointed; the further ruling by the judge that it was perfectly practical for the Minister to personally appoint District Court clerks; that it is not sufficient for the documents of appointment to be signed by an officer authorised, as had been the practice for many years, by the Minister; the serious doubts thereby created as to the validity of convictions obtained on foot of documentation issued by court clerks not properly appointed and the legality of summonses issued by court clerks who are not properly appointed in respect of cases yet to come before the courts.

Having considered the matter fully I do not consider it to be contemplated by Standing Order 31. Therefore, I cannot grant leave to move the motion.

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