Article 68 reads:—"All Judges shall be independent in the exercise of their functions, and subject only to the Constitution and the law. A judge shall not be eligible to sit in Parliament/Oireachtas, and shall not hold any other office or position of emolument." I move that Article.
In Committee on the Constitution of Saorstat Eireann Bill. - ARTICLE 68.
Mr. O'HIGGINS
Professor MAGENNIS
Would that, may I ask, permit a Judge to be a candidate for Parliament? It seems to me most undesirable that it should permit it, and perhaps the Minister would consider the possibility of making it read: "all Judges shall be independent in the exercise of their judicial functions"—the word "judicial" is not here—" A Judge shall not be eligible to sit in Parliament or to stand for election to any constituency, and shall not hold any other office."
Mr. O'HIGGINS
I think the functions of a Judge are judicial. I think when it is stated that the Judge shall not be eligible to sit in Parliament, a fortiori you state he shall not be eligible to be a candidate.
Professor MAGENNIS
No.
Mr. O'HIGGINS
That is a matter on which I am willing to differ with the deputy.
Professor MAGENNIS
Political situations may arise in which it would be a very effective stroke of policy for a judge to stand for a Constituency. That is contrary to public policy and it is not at all advisable. It seems to me that if you put in the Clause excluding his sitting you ought to make it cover the whole ground.
Mr. DARRELL FIGGIS
Did not an actual case occur not very long ago in Ireland where a certain person was put up for the Constituency of East Clare and it was decided by the gentlemen who were in charge of the Sinn Fein Election, at that time, that it was very probable that the Candidate, if he were returned, would not be allowed to sit in the Parliament for certain reasons, but those reasons were not sufficient for the Returning Officer to refuse his nomination?
AN LEAS CHEANN COMHAIRLE
Deputy Magennis has no amendment, and as there is no amendment to the Article we must put it as it stands.
Motion made and question put: "That Article 68 stand part of the Bill."
Agreed.