Select Committee on Legislation and Security debate -
Wednesday, 6 Dec 1995

SECTION 24.

Mrs. Owen

I move amendment No. 32a:

In page 12, lines 14 to 17, to delete subsection (2).

This amendment seeks to delete section 24(2) which provides for the swearing in of the Master of the High Court in like manner as judge under the Constitution. It does not make the Master a High Court judge. I understand that this requirement may lead to difficulties in the arrangement of the business of the High Court where the Master of the High Court is absent. It would be not practicable or appropriate to provide for the swearing in, for example, of the Deputy Master and there is a provision that if the Master is not there a Deputy Master can do the Master's business. I am advised that the requirement to swear in the Master of the High Court is not essential. The effect of my amendment would be to remove that requirement.

I am trying in this legislation to make the process easier. Section 24(1) authorises the Master of the High Court by law "to exercise limited functions and powers of a judicial nature within the scope of Article 37 of the Constitution". That proposal is to improve efficiency in the courts. I am satisfied that subsection (2) should be removed because I do not want to swear in a Deputy Master or the business of the Master would not be done.

Mr. O'Donoghue

That is agreed but I would have thought that the Taxing Master acts judicially already. He has long since been tied down by decisions of the High Court and Supreme Courts. To that extent the provision is or was superfluous.

Mrs. Owen

Essentially, it was something that had been examined in tidying up the role of the Master. The Deputy is correct in the sense that I am removing it now because I am satisfied it is not necessary to have it in the Bill.

Amendment agreed to.

Section 24, as amended, agreed to.