Seanad Éireann díospóireacht -
Tuesday, 17 Dec 1929

Vol. 13 No. 8

Courts of Justice Bill, 1929—Third Stage.

The Seanad went into Committee.

Section 1 put and agreed to.

SECTION 2.

(1) This Act may be cited as the Courts of Justice Act, 1929, and shall be construed as one with the Courts of Justice Acts, 1924 to 1928, and those Acts and this Act may be cited together as the Courts of Justice Acts, 1924 to 1929.

(2) This Act shall continue in force for two years from the passing thereof and shall then expire.

Mr. O'Doherty

On behalf of Senator Colonel Moore, I move:

Section 2, sub-section (2). To delete in line 5 the words "two years" and to substitute therefor the words "one year."

The effect of the amendment would be to limit the application of the Bill to one year instead of two years as is prescribed. I think it was pretty evident from the discussion that took place on the Second Reading that the consensus of opinion in the Seanad was against the principle embodied in the Bill, the appointment of temporary judges. I think it is due to the country generally, and to the judiciary in particular, to see that the life of this Bill is made as short as possible.

Mr. Brown

I am even more opposed to temporary judges than anybody in this House. I opposed the proposal in the original Courts of Justice Bill as long as I could, and I have opposed it ever since. One of the judges has already been appointed as chairman of a commission. I do not know if that commission will be over within twelve months or not. If I was quite sure that by limiting the Bill to twelve months, instead of two years, we would not be doing any harm, I would vote for the amendment, but I am not sure of that. I do not know what the Minister for Justice will have to say on the matter.

Minister for Justice (Mr. Fitzgerald-Kenney)

I would like to repeat what I said here on the Second Reading that I hope within the space of two years—and that is why I have selected two years—the Joint Committee of the Dáil and Seanad will have brought in their report—that is the committee which is enquiring into the whole working of the Courts of Justice Act—and that not only will they have brought in their report but that it will have been considered and legislation will have been enacted. I hope that will be done in a shorter period, but I think it is better to have two years. Supposing legislation is not brought in, what would happen? I would like to point out that at the present moment if a judge is sick a substitute can be appointed in his place. That is the existing state of the law under Section 45 of the Courts of Justice Act of 1924. But this Bill repeals that section, so that if this Bill becomes an Act, and expires within a year, and there is not further legislation dealing with this subject within the year, if a judge became sick, it would be impossible to appoint anyone in his place.

Mr. Dowdall

In view of what the Minister has said, and as he has foreshadowed that legislative effect will probably be given to the report of the Joint Committee I suggest to the Senator that he should withdraw the amendment.

Mr. O'Doherty

On the understanding that legislative effect will be given to the report as soon as it appears, I will withdraw the amendment.

Mr. Fitzgerald-Kenney

I cannot say that legislative effect will be given to the report word for word, but legislation will be introduced on the lines of the report.

Mr. O'Doherty

Immediately after its submission.

Mr. Fitzgerald-Kenney

After its due consideration.

Mr. Brown

We hope to report will be ready by the time the Dáil meets again.

Mr. Fitzgerald-Kenney

So much the better.

Cathaoirleach

Do you withdraw the amendment, Senator?

Mr. O'Doherty

Yes.

Amendment, by leave, withdrawn.

Section 2 and the Title agreed to.

Bill ordered to be reported.

The Seanad went out of Committee.