§ MR. ARTHUR O'CONNOR (Donegal, E.)asked Mr. Chancellor of the Exchequer, Whether it is a fact that Mr. Walter Hare, a supernumerary clerk in the Land Judges' Division of the High Court of Justice in Ireland, has been appointed a junior clerk in the Chancery Division of the said High Court, without passing the competitive examination prescribed for such clerks in the Irish Judicature Act of 1877; whether the attention of the Treasury has been directed to the appointment by nomination of clerks in those Divisions of the High Court, where the patronage reserved to the Judges by said Act has not yet lapsed, and the subsequent transfer of these clerks, as vacancies occur, to the Divisions of the High Court where such patronage has lapsed, in connection with the provisions of the 73rd section of the Irish Judicature Act of 1877; and, why the course adopted in 1883 and 1885, in filling up 870 vacancies in the Chancery Division, was not followed in the present case?
§ THE SECRETARY TO THE TREASURY (Mr. JACKSON) (Leeds, N.)(who replied) said: I understand that the question of the validity of the transfer of a clerk from one Division of the High Court of Justice in Ireland to fill a vacancy in another Division has been submitted for the opinion of the Irish Law Officers, who have advised that the requirement as to open competition relates only to the appointment of a person for the first time to an office in Court, and does not exclude promotion among the existing offices.
§ MR. ARTHUR O'CONNORasked, whether the Treasury Authorities had considered whether this system was not practically an evasion of the Judicature Act; and why the course adopted in 1883 and 1885 on a similar occasion had been departed from on the present occasion?
§ MR. JACKSONsaid, the Treasury had no power in the matter. The appointment did not rest with them, and the legal validity of it had been decided by the Law Officers.
§ MR. ARTHUR O'CONNORgave Notice that he would call attention to this subject on the Vote for Law Charges in Ireland.
§ MR. T. M. HEALY (Longford, N.)asked, was it the view of the Treasury that when a clerk was appointed temporarily he could then be transferred afterwards over the heads of the others without passing any competitive examination? He wished to know if the English Law Officers had been consulted on the subject, and if they concurred with their Irish brethren?
§ MR. JACKSONsaid, he was not aware that the question had arisen.
§ MR. T. M. HEALYThat is the question.
§ MR. JACKSONsaid, this related to the appointment of a special person over whom they had no control. If the hon. and learned Member put a Question on the Paper he would be very glad to answer it.