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Dáil Éireann díospóireacht -
Thursday, 19 Nov 1936

Vol. 64 No. 5

In Committee on Finance. - Courts of Justice Bill, 1935—Report (Resumed).

Question proposed: "That the Bill, as amended, be received for final consideration."

I move amendment No. 14:—

To delete the new section inserted before Section 49 of the Bill and to substitute a new section as follows:—

(1) Where a justice of the District Court, assigned to a district which includes an area in which the Irish language is in general use, is about to reach the age of retirement applicable to him by virtue of Section 72 of the Principal Act and the Executive Council are satisfied that such justice possesses such knowledge of the Irish language as enables him to dispense with the assistance of an interpreter when evidence is given in that language and that such justice is not suffering from any physical or mental ill-health or disability which would render him unfit to continue to discharge efficiently the duties of his office, the Executive Council may, if they so think proper and not withstanding anything contained in the said Section 72, by order made before such justice attains the said age continue such justice in office for such period (not exceeding five years) from and after he attains the said age as they shall think proper and shall specify in such order.

(2) Where a justice of the District Court has been continued in office under this section for a period not exceeding five years or for two or more periods not exceeding in the aggregate five years and the Executive Council are satisfied that such justice is not suffering from any physical or mental ill-health or disability which would render him unfit to continue to discharge efficiently the duties of his office, the Executive Council may, if they so think fit and notwithstanding anything contained in Section 72 of the Principal Act, by order made before the expiration of the said period or the last of the said periods (as the case may be) continue such justice in office for such further period from and after such expiration as they shall think proper and shall specify in such order, but subject to the limitation that the aggregate of the periods for which such justice is continued in office under this section shall not exceed five years.

(3) Where a justice of the District Court is continued in office under this section, the provisions of the Principal Act and this Act in relation to the resignation, removal, and pension of a justice of the District Court shall continue to apply to such justice during the period or periods for which he is so continued in office.

I think this amendment meets the case. I am glad it has been reconsidered, because even if we had the amendment which was proposed last night it would not have made clear— although it was intended to do so—the position of the district justices who were continued after they reached 65 years. That was not made clear.

Is the Minister satisfied that it is quite clear now?

An interpreter is mentioned. Is the interpreter a person who is paid out of public funds?

It is a non-perma-nent post. Somebody is called in and appointed by the district justice.

Appointed ad hoc?

There is no such person prejudiced by reason of the fact that the district justice may not require his services?

No. The Circuit Court judge has an interpreter at all times in those districts. The district justice has not, but somebody is appointed by him. Sometimes the clerk of the court acts as interpreter.

And the man who is called in is paid for that particular job?

Amendment agreed to.
Question—"That the Bill, as amended, be received for final consideration"—put and agreed to.

When will the next stage be taken?

Next Wednesday. I thought we might have taken it after we finished this, but I think Deputy McGilligan raised some objection last night, and said that some time ought to elapse before it is taken.

Yes, because such considerable time has elapsed since we last considered it. I am glad the Minister did not take up the plea that most of his colleagues would take up on a similar occasion—the plea of urgency.

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