asked the Taoiseach the duration of the appointment of the President of the Circuit Court to the High Court in Cyprus; and if this appointment will involve his resignation as President of the Circuit Court.
Ceisteanna—Questions. Oral Answers. - President of Cyprus High Court.
3.
The Constitution of Cyprus provides that the appointment of the President of the High Court shall be for a period of six years. To enable the President of the Circuit Court to accept appointment as President of the High Court of Cyprus, the Government have agreed to release him from his normal judicial duties. The Government of Cyprus have been informed that, if Mr. Justice ó Briain is to continue in office as President of the High Court of Cyprus after the expiration of one year, his continuance would have to be on the basis of his then relinquishing his position as President of the Circuit Court in this country.
Is the Taoiseach satisfied that the arrangement under which Mr. Justice ó Briain is to relinquish his position as President of the Circuit Court for one year is in accordance with Article 35 (3) of the Constitution?
Yes. I think there is some precedent for it in connection with the appointment of an Irish Judge to act upon the pre-war Saar Court, if my recollection is correct.
Is it fair to say that there is an emolument attaching to the office of the President of the High Court of Cyprus and that it is an office of profit?
So far as our arrangements are concerned we shall pay the President of the Circuit Court his remuneration as such and it will be refunded to us by the Government of Cyprus.
Is the Presidency of the High Court of Cyprus not an office which carries remuneration? Is Mr. Justice Barra Ó Briain being paid by the Cyprus Government as President?
I have explained that, so far as the remuneration for his official duties is concerned, the President of the Circuit Court will be paid by us, though the Government of Cyprus will refund us the amount.
The Taoiseach is probably not following me. If the President of the High Court of Cyprus is being paid by the Cyprus Government he is holding an office of profit.
While he is acting as President of the High Court of Cyprus he will receive his salary as President of the Circuit Court here plus some allowances in respect of his expenses in Cyprus.
The Taoiseach misunderstands me deliberately. I am asking the Taoiseach if the President of the High Court in Cyprus, in the person of Mr. Justice ó Briain, is in receipt of a salary or remuneration of any kind from the Cyprus Government?
I am trying to make it as clear as possible.
The answer is "yes" or "no".
The President of the Circuit Court during the coming year will be paid by us the salary to which he is entitled as President of the Circuit Court. The amount of that salary will be refunded to us by the Cyprus Government. In addition, I understand that there will be paid to him certain sums in respect of his expenses in Cyprus.