I move the Second Stage of this Bill. This is a short measure. It relates to the abolition of an office that has been inoperative for some years. Section 16 (1) of the Electoral Act, 1923, provides that an appeal shall lie to the county court having jurisdiction in the registration area from any decision of the Registration Officer on any claim or objection which has been considered by him under the Act, or the placing of, or the refusal to place, any mark against any name on the register. There is, however, a proviso to the sub-section to the effect that in the County Borough of Dublin and in a University constituency and in the administrative County of Dublin the appeal under the section shall not be to the county court, but shall in the County Borough of Dublin and in a University constituency be to the revising barrister for the City of Dublin and shall in the administrative County of Dublin be to the revising barrister for the County of Dublin. The proviso just recited preserved the provisions of previous statutes in regard to the hearing of appeals by the revising barristers in Dublin; the Dublin Revising Barristers Act of 1857 was the first to empower the appointment of these officers and a further Act of 1861 made provision for their salaries. The County of Dublin Jurors and Voters Revision Act of 1884 made provision for the appointment and remuneration of a revising barrister for the County of Dublin, and section 44 (5) of the Representation of the People Act, 1918, imposed on the Registration Officer the duty of considering claims and objections in lieu of the County Court Judge with provision for appeals from the decision of the Registration Officer to the County Court except in Dublin City and County where the provisions above referred to as regards revising barristers were still preserved. Section 16 of the Electoral Act of 1923 also preserved the right of appeal to the revising barristers, apparently pending such time as the then holder of the office should vacate office.
The office of revising barrister for the County of Dublin has long been vacant and since the death, last year, of Mr. Richard J. Kelly, K.C., there is no person holding the office of revising barrister and in the event of an appeal, as the law stands at present, an appointment would require to be made. It is considered that this is a suitable opportunity for abolishing the office and enacting that future appeals, if any, shall lie to the Circuit Court as is the case in all other registration areas.
The existing system involves a charge of some £200 in the Estimates and the proposed legislation will remove the necessity for the continuance of this expenditure. The relevant statutory enactments and provisions on the subject of revising barristers are proposed to be repealed.