asked the Minister for Justice whether he is aware that a review of an official publication under the name of a district justice which appeared in a daily newspaper of 1st November, 1952, under the caption "Names and Numbers," would seem to hold up to ridicule the work of a statutory body, and, further, that a book review under the same name appeared in a daily newspaper of the 30th September 1952, in which the writer advises his readers to obtain a copy of a certain book without delay, while hinting that the novel in question was likely to be prohibited shortly, as, in fact, it was; and if, in view of the fact that such action is not in keeping with the conduct expected from a district justice, he will state whether he has taken or proposes to take any action in the matter under the powers vested in him under Section 21 of the Courts of Justice Act, 1946.
Ceisteanna—Questions. Oral Answers. - District Justice's Newspaper Review.
I think that a person who is a justice of the District Court ought not to have contributed to the Press an article of which the evident purpose was to hold up to ridicule the performance by the Censorship Board of a statutory duty and that there can be no two opinions about the impropriety of members of the judiciary ridiculing the members of a statutory body, the more so if the latter are acting under powers which the former may have to enforce. But while I deprecate the publication of the article in question I am not satisfied that a single publication of this kind amounts to such misbehaviour as would warrant the justice's removal from office in accordance with the procedure prescribed by Article 35 of the Constitution and, therefore, I do not propose to take action under Section 21 of the Courts of Justice (District Court) Act, 1946.
Do I take it that the Minister will take no action at all? Does the Minister propose to convey the views he has expressed to the district justice?
Mr. Boland
There is no action open to me except that which I have indicated in the reply—either to ask to have an inquiry held into the justice's conduct or to put down a motion here to have him removed from office.
Assuming that there is a repetition of this conduct which is deprecated by the Minister——
Mr. Boland
We hope there will not be.
There will not be.
Assuming there is what does the Minister propose to do?
Why assume the worst?
Mr. Boland
Let us hope there will not be.