asked the Minister for Justice if he will state in detail the constitutional difficulties which could result from community participation in the judgments of children's courts.
Ceisteanna—Questions. Oral Answers. - Children's Courts.
84.
It would be inappropriate for me as Minister for Justice to set out in detail possible constitutional objections to particular proposals but, as the Deputy's question arises from a reply of mine on 26th November, I think I should say that I had in mind on that occasion that constitutional difficulties might arise in relation to community participation in the judgments of children's courts from the requirement that justice must be administered in criminal matters by duly appointed judges, who may not hold any other office or position of emolument.
This is not to say that utilising the services of lay people as participants in children's courts for proceedings of a non-criminal nature would necessarily be open to the same objections and although the Committee on Industrial Schools and Reformatories did not specifically recommend the use of lay people in these cases I shall bear the matter in mind in my consideration of the proposals of the committee in so far as they might affect the jurisdiction of the courts.