With regard to these Amendments from the Seanad, what exactly is the position? Is it necessary for someone to move them here?
DISTRICT JUSTICES BILL—FROM THE SEANAD. - DAIL IN COMMITTEE.
The new Standing Orders say that the Dáil will go into Committee on amendments or recommendations coming from the Seanad. They can be taken one by one on a motion that they be agreed to.
It occurs sometimes—it has in fact occurred in this case—that amendments are inserted which if it were left to my judgment would not be inserted, but which at the same time are not so important that I would favour the sending back of the Bill to the Seanad.
On a point of order, is it not necessary for someone to father each particular amendment which comes forward?
In the absence of such percentage can there be any discussion upon it?
I think we could have no discussion except someone move that we agree or that we do not agree.
Suppose it were to happen that an Amendment was moved by the Seanad and tabled here and nobody wished to father it, does it mean that it would not be proposed at all, even though it is allowed under the Constitution to make such an amendment? Are the provisions of the Constitution made dependent upon the agreement of some one or other Deputy with Senators across the way?
I do not think that that Constitutional question will worry lawyers very much.
(1) It shall be lawful for the Governor-General of the Irish Free State on the advice of the Executive Council from time to time to appoint fit and proper persons being Barristers-at-Law in Saorstát Eireann or Solicitors of the Supreme Court in Saorstát Eireann to be Magistrates with the title of "District Justices" and to perform the duties and have the powers prescribed by this Act.
(2) Every person appointed to be a District Justice may be dismissed or removed at the pleasure of the Governor-General of the Irish Free State on the advice of the Executive Council.
(3) Every person so appointed to be a District Justice shall while he holds that office be paid out of moneys provided by the Oireachtas a salary and allowances in accordances with a scale to be prescribed by the Minister with the concurrence of the Minister for Finance.
(4) No person shall while holding the office of District Justice be capable of holding any other office or position of emolument or of being elected to or of being a member of either House of the Oireachtas.
(5) Every person so appointed to be a District Justice shall before entering on his office subscribe and make a solemn declaration in the form contained in the First Schedule to this Act.
With qualified enthusiasm I move that we agree to Amendment 1, which sets out "In Sec tion 1, in line 20, to insert after the word `Eireann' the words `of at least two years' standing."' The effect of this amendment is that a barrister of less than two years' standing may not be appointed District Justice. What exactly two years' standing means in that connection might need to be cleared up. A man could be called to the Bar and have never practised his profession. He might have taken up literature or some other calling, and I would be glad if some lawyer in the Assembly would enlighten me as to whether two years' standing means that he must have been qualified not less than two years before his appointment, or whether it means that he must have been, in fact, practising his profession.
- Liam T. Mac Cosgair.
- Donchadh O Guaire.
- Seán O Maolruaidh.
- Seán O Duinnín.
- Darghal Figes.
- Seoirse Ghabháin Uí Dhubhthaigh.
- Deasmhumhain Mac Gearailt.
- Ailfrid Ó Broin.
- Risteárd Ó Maolchatha.
- Domhnall Mac Cárt aigh.
- Sir Séamus Craig.
- Gearóid Mac Giobúin.
- Eoin Mac Neill.
- Liam Mag Aonghusa.
- Pádraig Ó hOgáin.
- Padhraic Ó Máille.
- Seosamh Ó Faoileacháin.
- Seoirse Mac Niocaill.
- Fionán Ó Loingsigh.
- Séamus Ó Cruadhlaoich.
- Criostóir Ó Broin.
- Rist árd Mac Liam.
- Caoimghin O hUigín.
- Próinsias Bulfin.
- Tomás Mac Artúir.
- Aindriú Ó Láimhin.
- Liam Ó hAodha.
- Seán Mac Eoin.
- Próinsias Mag Aonghusa.
- Eamon Ó Dúgáin.
- Peadar Ó hAodha.
- Séamus Ó Murchadha.
- Seosamh Mac Giolla Bhrighde.
- Liam Mac Sioghaird.
- Tomás Ó Domhnaill.
- Earnán de Blaghd.
- Séamus de Burca.
- Tomás de Nógla.
- Riobárd Ó Deaghaidh.
- Tomás Mac Eoin.
- Liam Ó Briain.
- Tomás Ó Conaill.
- Aodh Ó Cúlacháin.
- Liam Ó Daimhín.
- Seán Ó Laidhin.
- Cathal Ó Seanáin.
- Domhnall Ó Muirgheasa.
- Domhnall Ó Ceallacháin.
I move an Amendment: "In Sub-section (1) to delete the word `Parish,' and to insert in lieu thereof the word 'Peace,' and to make all consequential alterations." So Parish Commissioners become Peace Commissioners under this amendment.
Might I ask the Minister to say if any, and what, arrangements are being made for the appointment of Peace Commissioners under the terms of this Bill.
No. This is a motion to change the name, and nothing else.
It seems rather strange that though the Minister appears to have been present when these amendments were carried in the Seanad that he is not prepared to father them in the Dáil, or to give any explanation arising out of the amendments carried in the Seanad.
That is a different thing altogether.
I beg to move:—
"After Sub-section (2)(e), to insert the following:—`(f) signing the certificate required by Section 2 of the Statute entitled the Registration of Clubs (Ireland) Act, 1904.' ” This amendment was moved in the Seanad at my request. It rectifies a slight omission in the matter of the powers of these Peace Commissioners. There is a certificate which has to be signed under the Registration of Clubs (Ireland) Act, 1904, and before the applicant is heard in Court it has to be signed by a magistrate. It is proposed to add this signing to the powers of the Peace Commissioner.
I beg to move:— In Sub-section 3, Section 4, after the word "shall" to insert the words "unless a District Justice is immediately available." The force of the amendment merely is that it ought not to be made absolutely cast-iron that a person arrested on an indictable offence shall, in all circumstances, be brought before a Peace Commissioner. If a District Justice is available, for instance, if it happens to be on the day that the District Justice is holding his Court in that locality, it saves time, and it is a better procedure to bring him immediately before the District Justice. That is simply the effect of the amendment.
I beg to move:— In Section 9, Sub-section 2, to delete the words "appointed under the Act aforesaid" in lines 37 and 38, and to delete the words "sitting together" in line 39. The amendment improves the sub-section without in any way altering the sense or the effect of it.