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Seanad Éireann debate -
Thursday, 10 Mar 1927

Vol. 8 No. 10

THE CIRCUIT COURT APPEALS BILL, 1927—THIRD STAGE.

The Seanad went into Committee.

For the information of Senators I propose, on the next stage, to put in an amendment deleting subsection (3) of Section 1, which will have the effect of altering the position of the Commissioners to this extent: That while appointed ad hoc to do specific work, to hear appeals pending at the date of the passing of the Act, within that time their tenure shall be the tenure of judges, inasmuch as they will not be removable by the Governor-General on the advice of the Executive Council, but removable only by the vote of both Houses.

CATHAOIRLEACH

I think that is a good suggestion. It prevents any litigant complaining that his case is being heard on appeal by judges who are at the mercy of the Executive, instead of, as he would be entitled, by judges who are independent in their functions. Without prejudice at all to the Executive Council's right to appoint a temporary Commission of this kind, I think it is desirable at any rate to leave no loophole for further litigation in the matter. I think it is a wise change. It will be considered on the next stage, on the understanding that what the Minister said can be moved.

Bill passed through Committee without amendment.
The Seanad went out of Committee.
Bill reported.
The Seanad adjourned at 6.30 p.m. until to-morrow, Friday, at 2 p.m.
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