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Seanad Éireann debate -
Tuesday, 31 Mar 1931

Vol. 14 No. 13

Commissioners for Oaths (Diplomatic and Consular) Bill, 1931—Second Stage.

Question proposed: "That the Bill be read a second time."

The purpose of this Bill is to approve of certain powers which we found necessary to give to our consular officers abroad by reason of the extraordinary rush of business of a particular type there has been recently. This is simply to establish them in the position which most consular officers of any other country are in, that is to say, that affidavits may be sworn before them and certain other notarial functions, mainly in connection with witnesses' signatures, can be carried out. That carries with it the provision that judicial notice shall be taken of the depositions and signatures of these people without either proof of the status of the consular officers or of anything pertaining to their official character. It is also provided, as a complementary matter, that anybody who swears falsely or has done anything wrongfully before these people may be subjected to trial for perjury.

Might I ask the Minister what is the reason for the considerable delay in introducing this legislation? I am aware of my own personal experience that there have been considerable difficulties by reason of the fact that representatives of the Free State abroad were not legally authorised to administer these oaths. I would like to know whether the delay in introducing the Bill was simply due to pressure of business, or whether any particular pressure was brought to bear upon the Minister to introduce the Bill at this stage.

There has been delay in this case because we had so many other matters to attend to in connection with these foreign officers and with the establishment of new officers that we did not like to break in until the corps was definitely complete. In addition to that, although we did know from time to time that application was made to these consular officers, and that, in the absence of these powers which we now propose to give, a certain roundabout procedure had to be established, we were not aware that there was any volume of complaint that the absence of these powers was being felt. That comment would apply until very recently, particularly until we established officers of that particular type in the United States of America. With certain enlargement of powers which has been given to them recently there has been an influx of business. I only know of two occasions, although I did not actually receive a complaint, upon which one of my officers abroad reported that a person had been put to what he considered considerable inconvenience. We want to prevent that happening again.

Question put and agreed to.
Committee Stage ordered for 15th April.
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