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Dáil Éireann díospóireacht -
Tuesday, 4 Nov 1924

Vol. 9 No. 8

QUESTION ON THE ADJOURNMENT. - COMMITTEE ON FINANCE. MONEY RESOLUTION—CO. COURT APPEALS BILL.

I move the following motion:

Go dtugar údarás chun íoc do dhéanamh, amach as airgead a sholáthróidh an tOireachtas, sa luach saothair agus sna liúntaisí a bheidh iníoctha leis na Coimisinéirí a ceap far fé aon Acht a rithfar sa tSiosón so chun socrú a dhéanamh chun Coimisinéirí do cheapa chun athchomhairc d'éisteacht agus breith do thabhairt ortha, athcomhaire a dineadh chun Breithiún Ard-Shíosóin i gcoinnibh breitheanna Breacthóirí agus Breithiún Cúirte Contae agus a bhí ag feitheamh i dtosach feidhme Cuid II. den Acht Cúirteanna Breithiúnais, 1924, agus in aon fho-chostaisí fé n-a raghfar i gcur an Achta san in éifeacht.

That authority be granted for the payment out of moneys to be provided by the Oireachtas of the remuneration and allowances payable to the Commissioners appointed under any Act of the present Session to make provision for the appointment of Commissioners to hear and determine appeals from Recorders and County Court Judges to Judges of Assize which were pending at the commencement of Part II. of the Courts of Justice Act, 1924, and of any incidental expenses incurred in carrying such Act into effect.

It is proposed that these Commissioners shall be paid at the same rate as Judges of the High Court, and it is estimated that when travelling and miscellaneous expenses have been allowed for, the expenditure under the Bill will not amount, during the financial year, to more than £4,500.

Does not the Minister think that as these Commissioners are to be paid at the same rate as Judges of the High Court and are to occupy the position of Judges of the High Court, they should be paid like Judges of the High Court, out of the Central Fund and not out of moneys to be provided by the Oireachtas? Does he think that it will be desirable, when the Estimates are being debated next year, to have the decisions of these Commissioners and the manner in which they have done their work, discussed? I suppose I would not be in order in moving an amendment to substitute "payment out of the Central Fund" for "payment out of moneys to be provided by the Oireachtas," but I would ask the Minister whether he would not withdraw this motion now and consider whether the principle that all judges should be paid out of the Central Fund and be immune from Parliamentary criticism, is not a sound one.

The other Judges in a similar position—the members of the Dáil Winding-Up Commission — are provided for by Supply Votes. I do not think there is any reason why these particular Commissioners should be treated differently from the Dáil Courts Winding-Up Commissioners.

Motion put and agreed to.
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