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Dáil Éireann díospóireacht -
Wednesday, 14 Nov 1928

Vol. 27 No. 1

CEISTEANNA—QUESTIONS. ORAL ANSWERS. - ACTION OF PRIVY COUNCIL.

asked the Minister for Justice whether, in view of the statement in Section IV. (e) of the Report adopted at the last Imperial Conference, to the effect that it was no part of the policy of His Majesty's Government in Great Britain that questions affecting judicial appeals should be determined otherwise than in accordance with the wishes of the part of the Empire primarily affected, he will state whether the recent action of the Judicial Committee of the Privy Council in granting special leave to appeal in the case of the Performing Right Society, Ltd., v. the Bray Urban District Council was taken in accordance with the wishes of the Executive Council of Saorstát Eireann.

This question will be answered by the Minister for External Affairs, to whom it should have been addressed.

The action of the Judicial Committee of the Privy Council in granting special leave to appeal in the case of the Performing Right Society, Ltd., v. the Bray Urban District Council was not taken in accordance with the wishes of the Executive Council of Saorstát Eireann. It has been made abundantly clear that the Executive Council are opposed to the hearing of any appeal from the Supreme Court and the action to be taken in the matter is under consideration.

Is the Minister aware that there are certain members of His Majesty's Government of Great Britain, who bear joint responsibility, who are also members of, and sit on, the Judicial Committee of the Privy Council? In view of the statement of policy of His Majesty's Government of Great Britain could the Minister say whether any attempt was made either by His Majesty's Government in Great Britain, as a whole, or by individual members who sit on that Committee, to inquire as to what are the wishes of the Government of this country?

Without saying whether they have inquired or not, the wishes of the Government here have been made abundantly clear.

In view of the remarkable expression of opinion which appears in to-day's newspapers with reference to the further activity of this Committee, can the Minister state whether the Dáil will have any opportunity of discussing the activities of this body in the near future?

Such a discussion could, I think, normally take place on whatever measures the Government think fit to adopt with regard to this particular case. The action probably would have a repercussion beyond this particular case.

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