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Select Committee on Legislation and Security debate -
Thursday, 7 Dec 1995

SECTION 33.

Amendments Nos. 39 and 47a are related and may be discussed together by agreement.

I move amendment No. 39:

In page 16, between lines 18 and 19, to insert the following subsection:

"(3) Section 33 of the Court Officers Act, 1926 is hereby amended by the insertion of the following:

‘(d) a practising Barrister of not less than eight years standing who is then actually practising."'.

It is quite clear that section 33 of the Bill confers significant powers on county registrars. In view of the fact that most of these powers have been exercised by judges or others with judicial powers, it is felt that there is no reason on this occasion why barristers should be excluded from being eligible for appointment as county registrars. For that reason I propose this amendment.

My amendment should read: "section 35(3) of the Court Officers Act, 1926" instead of 35(1). My amendment goes a bit further than Deputy O'Donoghue's which confines it to practising barristers. It is a more stringent rule than that for solicitors. We should not make a further change there. My amendment states: "a practising Barrister of not less than eight years standing who is then actually practising or has previously practised for not less than eight years." This makes solicitors and barristers equal and it is an anomaly which should be corrected.

Amendment, by leave, withdrawn.
Sections 33 to 35, inclusive, agreed to.
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