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Special Committee Defence Bill, 1951 díospóireacht -
Tuesday, 11 Mar 1952

SECTION 15.

I move Amendment No. 15:

In subsection (2), line 36, to insert after the word " standing " the word " and experienced in criminal law."

This is a simple amendment and I do not think there is an awful lot of point in it except that the provision at the moment is that the Judge Advocate General is appointed by the President on the advice of the Government. He must be a barrister-at-law of ten years standing. In the main he deals with criminal law and he should have some knowledge of criminal law. If I were putting the amendment down again I would put it that the Chief Justice should be consulted on his appointment for the future.

The Bar would take poor view of your way of putting that.

It is what happens in England. The Lord Chancellor consulted. The responsibilities of the Judge Advocate General are almost equal to those of a Judge of a High Court of Appeal.

I mentioned that, in my view, the Judge Advocate General should be, as is provided in the section, a practising barrister. He should be specially versed and sufficiently experienced criminal law. His main function is to review proceedings and sentences courts martial and to advise the Adjutant General or the confirming authority, whoever it may be, as to whether the proceedings should be confirmed or not. In a permanent Act which provides for the future he should be appointed by the President on the recommendation of the Government who should consult the Chief Justice in regard to the appointment. It is a very important appointment from the point of view of the Army, as points may be raised at courts martial from time to time by defence officers or defence counsel, and it is desirable that the very best and most experienced man should be available as Judge Advocate General to decide on those points-points which, in the ordinary criminal courts outside, might be dealt with by the Court of Criminal Appeal.

However, I take it that the section as it stands permits the Government, if they so wish, to consult the President of the High Court or the Chief Justice or anyone else.

Yes, the Deputy can take it for granted that the Government would take note of the fact that they would want a man with that type of experience.

Then it is not necessary to put it into the Bill.

Amendment, by leave, withdrawn.
Section 15 agreed to.
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