HC Deb 11 May 1897 vol 49 cc235-7

This Act may be cited as the Supreme Court of Judicature (Ireland) Act 1897, and may be cited with the Judicature (Ireland) Acts 1877 to 1888.

On the Question "That Clause 2 stand part of the Bill,"

MR. MAURICE HEALY

pointed out that there was an Amendment on the Paper in the name of the lion, and learned Member for Dublin University (Mr. Carson)—[To move the following Clause,— The persons upon whose recommendation the Lord Lieutenant may make, alter, or annul rules, pursuant to section sixty-one of the Supreme Court of Judicature (Ireland) Act 1877, shall include the President of the Incorporated Law Society of Ireland for the time being, and shall also include two persons (one of whom shall be a practising barrister) to be appointed for the purpose by the Lord Chancellor of Ireland from time to time in writing under his hand, such appointment to continue for such time as shall be specified therein.]

*THE CHAIRMAN OF WAYS AND MEANS

said he passed the Amendment over because it was out of order.

MR. MAURICE HEALY

said the title of the Bill was drawn apparently to exclude an Amendment of this kind. But if this were a Bill to amend the Irish Judicature Acts, as it purported to be by the short title, he submitted that the Amendment of the Member for Dublin University, being merely a proposal to amend the Judicature Acts, would be in order.

*THE CHAIRMAN OF WAYS AND MEANS

said he had considered the matter very carefully. If the Amendment of the right hon. Member for Dublin University had been confined to the cases dealt with in the Bill, it would have been in order. But it went very much beyond that, and therefore it went beyond the scope of the Bill. The title was not the only guide to what was in the Bill, but the Amendment of the right hon. Member for Dublin University went beyond the subject-matter of the Bill, and therefore it was not in order.

MR. MAURICE HEALY

asked whether, at a later stage, it would be open to the Attorney General for Ireland to admit the principle which was advocated by the hon. and learned Gentleman opposite, and to get this principle into the Bill.

*THE ATTORNEY GENERAL FOR IRELAND

said he entirely approved of the principle embodied in the Amendment, and should have been glad to accept it if it had been in order. If the opportunity arose on a subsequent occasion, on which such an Amendment would be in order, he would be happy to consider it.

Clause ordered to stand part of the Bill.

On the question "That the Bill, as amended, be reported to the House,"

MR. MAURICE HEALY

asked the Attorney General whether, between this stage and Report, he would consider the advisability of allowing the appeal granted by this Bill to be taken direct to the Court of Appeal instead of to the Court of First Instance. The effect of multiplying these appeals was really to increase the cost of litigation.

THE CHAIRMAN OF WAYS AND MEANS

That Question hardly arises on the question that I Report this Bill to the House.

Bill Reported, as amended; to be considered upon Thursday.