Seanad Éireann - Volume 8 - 11 March, 1927
CIRCUIT COURT APPEALS BILL, 1927.—FOURTH STAGE.
CATHAOIRLEACH: I understand that there is some pressure for the Circuit Courts Appeal Bill being considered to-day, and that the Government are anxious to insert an amendment, in pursuance of the promise that was given yesterday, with a view to securing the independence of these judges.
Sir THOMAS ESMONDE Sir THOMAS ESMONDE
Sir THOMAS ESMONDE: I move:—
Section 1, sub-section (3). To delete the sub-section and to substitute two new sub-sections therefor as follows:—
“(3) Every person appointed to be a Commissioner for the purposes of this Act shall, while his office continues, hold his office by the like tenure as a Judge of the High Court holds his office and with the like right of resignation.
(4) The office of a Commissioner for the purposes of this Act shall cease when the purposes of this Act, have been fully performed.”
I understand this amendment follows a promise which the Government gave. The amendment speaks for itself.
Mr. BENNETT Mr. BENNETT
Mr. BENNETT: I would like to ask if this amendment will make any difference as regards the giving of pensionable rights.
CATHAOIRLEACH: This only deals with tenure. It is on the same condition as a judge, the same tenure and the same right of resignation. It does not confer any other right. Personally I do not care for the way it is drafted and for the words “with the like right of resignation.” I would simply say:  to hold his office as regards tenure and resignation on the same terms as a Judge of the High Court. However, it is not worth while making a drafting point of that kind.
Amendment put and agreed to.
MINISTER for INDUSTRY and COMMERCE (Mr. McGilligan) Patrick McGilligan
MINISTER for INDUSTRY and COMMERCE (Mr. McGilligan): Would it be convenient, as there is some urgency, to take the last stage of this Bill to-day?
CATHAOIRLEACH: No, we have altered our Standing Orders with regard to the suspension of Standing Orders. They cannot be suspended for any purpose except in a case of national emergency, of which I have to determine the existence, unless previous notice of motion has been given. If it was intended to get the Bill through to-day, the Government should have put down notice of motion and the matter would have been in order. In the absence of such notice, we cannot take the next stage now. The Seanad will have to meet next Wednesday so that the Bill can be disposed of. There is a change in our Standing Orders requiring two days' notice in a matter of this kind.
Seanad Éireann 8 CIRCUIT COURT APPEALS BILL, 1927.—FOURTH STAGE.