§ "A barrister-at-law or solicitor shall not be deemed to have retired from practice by reason of his having been appointed and having acted as an examiner of the Land Commission under the provisions of the Land Purchase Acts."
§ There are a number of these gentlemen who are employed as examiners of title, and most of them are barristers. They are only temporarily employed, and are not entitled to any pension. By taking these posts, as they have done, at comparatively small salaries, they may, by reason of that fact, be deemed to have retired from practice, and, having ceased to practice at the Bar, they are ineligible for other appointments. Consequently they have asked me to introduce a short Clause, which I have placed on the Paper. There are two precedents for this course. A similar Clause was introduced into a Bill 20 years ago dealing with the Dublin police magistrates, and it is in operation at the present time. A similar Clause was also put into one of the Irish Land Acts—I think it was in 1885—applying to the Assistant Commissioners, who were employed temporarily, and had no right to a pension or continuous employment. I therefore ask the Committee to agree to the Clause I have placed on the Paper.
§ Mr. C. CRAIGI do not think the Attorney-General for Ireland will contend that the case of examiners of title is on all fours with the two precedent she has 2508 quoted. In the case of the Dublin police magistrates the work performed is of a very varied character, and so is the work of the Assistant Commissioners. The work of examiner of title is a very small department of law, and for a person who has been pursuing that avocation for six or seven years I think it is straining the term "practising barrister" to its utmost limits to put him on the same level as gentlemen following their profession in the law courts. I do not think former Parliaments have thought fit to put a restriction upon a person who has ceased to practise his profession for a number of years. I do not think the right hon. Gentleman adduced any reason for stretching the term "practising barrister" to such an extent as this. I should really like to hear from the right hon. Gentleman that there is something more than the mere fear that these gentlemen will be prejudiced in any way after a number of years from being considered what they really are, namely, gentlemen who have retired from the practice of the law for some considerable time.
§ Mr. GORDONI think the right hon. Gentleman is quite right in bringing forward a clause of this kind. I think it is understood that most of these gentlemen who are to be appointed will only be appointed temporarily. They may possibly be appointed for a long time, and I think it would be rather hard upon them when an appointment is to be made where the applicants must have had practice as a barrister, they were told, "Oh, you have not been practising as a barrister; you have been doing work as an examiner under the Land Purchase Acts." I should like to ask two questions: Does the right hon. Gentleman think the Clause is necessary, and that they would be treated as having retired from practice by reason of these temporary appointments; and does he intend this Clause should in any way apply to a barrister who has got a permanent appointment as an examiner? There is nothing necessarily in the Clause itself to exclude a person who has a permenant appointment. It is one thing to make this apply to a man who holds a temporary appointment and another thing to make it apply to a barrister who has given up his profession entirely and has accepted a permanent appointment as examiner under the Land Acts. I hope the right hon. Gentleman can answer these points. Subject to that, I think the Clause is good.
§ Mr. LARDNERI have no objection to barristers being appointed as examiners if they have special qualifications; but I would point out that solicitors have special qualifications, and if he will give me an assurance that solicitors will be appointed I will glady welcome the Clause. Otherwise I can only look upon it with some suspicion.
§ Mr. CHERRYIn reply to the hon. Member for South Kerry I think the Clause is necessary. Unless it is passed a gentleman who accepts an office which debars him from practising while holding that office will be shut out from receiving any appointment which is confined to persons who are actually barristers. With regard to the second point the hon. Member put to me, I confess it had not occurred to me, but I should imagine the Clause could not apply to permanent appointments. With regard to the appointment of solicitors, I believe they are qualified for these posts—
§ Mr. LARDNERThey are not qualified for positions as county court judges.
§ Mr. CHERRYI should say solicitors are qualified both in theory and in practice for appointments as examiners of title. I cannot say whether any have been or will be appointed, but I should gladly welcome applications from them. I may add that in including the term "solicitors" we are following the precedent of the 1881 Act.
§ Clause added to the Bill.
§ Mr. BIRRELL moved the following new Clause:—