I want to raise a point in connection with something that occurred during the debate on the Department of Justice. I was speaking about a case that I said was not sub judice and the Minister said it was and that he would make me prove it was not. Another Deputy said it was not sub judice. The Leas-Cheann Comhairle ruled the matter out of order on a statement of Deputy T. F. O'Higgins that certiorari proceedings might be taken. The fact is that the Minister for Justice never entertains any matter that may come before the courts. In his closing speech last night the Minister intimated that there was a petition before him in connection with this case, which means that it was completely out of the hands of the court, otherwise the Minister would not interfere. Therefore, I say that the Chair has been misled and I have been misrepresented by the action of Deputy O'Higgins.
Question of Order.
On a point of explanation. I was informed that certiorari proceedings might be taken. I was not interested in that. I tried to get that in several times last evening. I accepted a petition in the normal way. Certain facts were brought to my notice which I acted upon and I said that last night. It did not matter to me about other proceedings. So far as the law is concerned, an appeal from the District Court finishes in the Circuit Court. There is no further appeal. There were a whole lot of points raised about warrants and I was not interested in that. I exercised the responsibility of the prerogative of mercy in the ordinary way.
The point is that these things never happen unless the Minister is satisfied that the case is completely out of the court's hands.
Yes, that is so.
Therefore it is not sub judice.
In reference to what Deputy Boland said, I quite appreciate the point he made. I was inadvertently misquoted by the Leas-Cheann Comhairle yesterday. What I said was that the opinion of senior counsel had been sought with regard to certiorari proceedings and, of course, they can be taken any time within six months.
Therefore the Chair was misled when it ruled out Deputies.
It was not misled by me.
The Leas-Cheann Comhairle is not a legal man.
Yes, he is a barrister.
Then he should have known better.
The matter cannot be pursued any further now.