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Seanad Éireann debate -
Wednesday, 14 Jul 1926

Vol. 7 No. 16

RULES OF COURT.

CATHAOIRLEACH

I want to remind the House that in regard to the Rules of Court we appointed a committee at our last meeting to look into the rules and report their opinion upon them. The committee has met and has practically finished its work, and we hope the report will be in the hands of Senators by Monday next. I also wish to mention that I was asked my views as to the meaning of the section in the Courts of Justice Act which deals with the question of the approval or disapproval of these rules. It was suggested at the time, I think by the Minister for Justice, that these rules, having regard to the provision of the statute, would have to be approved or rejected in globo. I stated, at the time, that I myself did not take that view, in answer to a question by a Senator. I said that I would look into the matter. I have carefully considered the matter since then and I am satisfied that that is not a true construction of the Act. I am quite satisfied that it is within the power of either House to disapprove of any one of these rules, whether they approve of the remainder or not. Otherwise, there would be an extraordinary position. The Rules for the Circuit Court, for example, number 483. If that view is right, and if for any reason this House, or the Dáil, rejected, or felt that they should reject, any one of these rules, they would have to reject the remaining 482. That cannot be the true construction of the section, and I am satisfied that the true construction is that the House has power to approve or disapprove of all, or any, and the report of the committee will be based on that assumption. I also wish to mention that the House is not bound by the report of the committee, and any Senator who thinks that there is any objection to any of the rules will be at liberty to call attention to it when we meet to-morrow week, and move its rejection. I am not inviting them to do it, but I am letting them know that they are not necessarily bound to adopt the report of the committee.

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