HL Deb 01 December 1922 vol 52 cc207-8

PROVISIONS AS TO EXISTING IRISH JUDGES,

LORD CHANCELLOR OF IRELAND, AND IRISH

LAND COMMISSIONERS.

(6) For the purpose of this Part of this Schedule the expression "judge" means ally judge of a. Supreme Court and any judge of a county court or recorder of a borough; and the expression "existing" means existing or holding office at the date when the Constitution of the Irish Free State comes into operation.

LORD GLENAVY moved, in Part I, Clause 6, that the expression "judge" should also include "the Master of the King's Bench and the Divisional Justices of the City of Dublin." The noble and learned Lord said: There are only four officials in Ireland who have been exercising judicial duties under. His Majesty's Government who are left without special provision being made for them. All other persons exercising high judicial functions, including the High Court Judges, County Court Judges and members of the Irish Land Commission, have been introduced into this schedule and special provision made for their compensation and protection. These four individuals are not included, and they are the only four left.

With regard to the Master of the King's Bench, he holds a very important position and a lucrative one. The present occupant is one of His Majesty's Counsel. He was a member of the Bar for mans' years, and he has had to discharge judicial duties just as responsible as those discharged by County Court Judges. He is left unprovided for. I wish to draw special attention to the case of the three Divisional Justices of the City of Dublin. To my own knowledge, as a resident of Dublin, I can assure the House that during the last four or five years these gentlemen have been called upon to discharge very delicate, dangerous, and responsible duties, and they are at least entitled to the consideration and protection given by this schedule to all other judicial personages in Ireland.

Amendment moved— Page 13, line 23, after ("borough")insert ("the Master of the King's Bench and the Divisional Justices of the City of Dublin").(Lord Glenavy.)

THE LORD CHANCELLOR

I have some difficulty in dealing with this Amendment. The first difficulty is that the officials to whom the Amendment refers are not in the same position as Judges. Their salaries are not a charge on the Consolidated Fund; they are much more like civil servants. The second difficulty is that the Amendment will impose a charge on the Consolidated Fund, and a serious question might arise as to whether this House is entitled to deal with it. But I do not want to give a final answer to-day, and I am willing to think the matter over before Monday and see if it is possible to meet my noble and learned friend in any way.

LORD GLENAVY

I am quite satisfied, it'd beg leave to withdraw the Amendment.

Amendment by leave, withdrawn.

Second Schedule agreed to.