Dáil Éireann díospóireacht -
Tuesday, 21 Jul 1959

Vol. 176 No. 11

Courts (Establishment and Constitution) Bill, 1959—First Stage.

Minister for External Affairs (Mr. Aiken)

I move:—

That leave be granted to introduce a Bill entitled an Act to establish, in pursuance of Article 34 of the Constitution, the Supreme Court and the High Court and Courts to be called respectively the Court of Criminal Appeal, the Circuit Court and the District Court, to specify the constitution of those Courts, to provide for the vacation of judicial offices and the filling of vacancies therein, and, in pursuance of Article 58 of the Constitution, to disestablish the several Courts of Justice mentioned in that Article and to abolish the offices of the judges and justices thereof.

General Mulcahy

I have here a copy of the Constitution, fresh up from the Library. I find there is no Article 58 in it at all. When that is coupled with the fact that we have, so far as I know, a Supreme Court and a High Court, I wonder what is wrong with the motion the Minister has just moved and whether in the circumstances——

An Tánaiste

Is the Deputy certain he has the right Constitution?

General Mulcahy

I got a copy of the Constitution fresh up from the Library. It is the most recent issue.

Mr. Sweetman

Do not worry. The Tánaiste is just trying to drag in a red herring as usual.

General Mulcahy

It is certified as the latest publication of the Constitution. If that is not correct, perhaps the Minister who has just moved this motion would quote us Article 58 of the Constitution.

Mr. Aiken

I am sure the Minister for Justice will quote the Article on the Second Reading.

Mr. Norton

There cannot be a Second Reading if there is no Article in the Constitution. We cannot have a Second Reading on an Article that does not exist.

General Mulcahy

I suggest it is improper to put this motion before the Dáil in its present state. I shall give the Minister the latest issue of the Constitution, which has come fresh from the Library. The last Article in it is No. 50.

Mr. Norton

The Tánaiste will explain it all now very clearly.

Mr. Aiken

The Minister for Justice asked me to move this motion on his behalf. I think the best thing to do is to leave it over——

Mr. Dillon

Consult the Tánaiste. He will be able to tell the Minister. Now that he has got the Constitution, let us have a pause while the Tánaiste takes charge.

Mr. Norton

Is it possible the Government does not know the number of Articles in the Constitution? Is this the way the Government do business? The Government want to amend Articles that are not there.

An Tánaiste

No, no.

Mr. Norton

Go on now. Explain.

Mr. Dillon

And all will be as clear as mud.

Mr. Norton

He does not even know where to look for the Article.

An Tánaiste

Is it not quite obvious that there may be a misprint?

Deputies

Ah!

An Tánaiste

A misprint in the Order Paper—is not that the explanation?

Mr. Dillon

If the Tánaiste has now satisfied himself by a close perusal of the Constitution, which has been brought to him from his office, that there are not 58 Articles in it, undoubtedly the question of a misprint must arise.

General Mulcahy

Either that, or somebody has been tinkering with the Constitution behind our backs.

Mr. Aiken

I suggest we leave the First Readings of these two until tomorrow so that we can find out what is wrong.

Mr. Dillon

A very prudent suggestion. By that time the Government will have got a clear view of how many Articles there are in the Constitution.

Mr. Aiken

It is not the Constitution the Deputies opposite tried to saddle us with for all time. We got rid of that one.

General Mulcahy

What was it the Taoiseach was saying earlier to-day?

An Ceann Comhairle

What about No. 2?

Mr. Aiken

It is not being moved now.

Mr. Sweetman

When the Government come in tomorrow, will they be more accurate than they were earlier today with regard to the speech of the Tánaiste?

Motion for leave to introduce postponed.

Motion No. 2 not moved.