§ Mr. WILLIAM O'BRIENasked the Attorney-General for Ireland whether he is aware that a magistrate named M'Court who was found guilty of bribery and cor- 1956W rupt practices by the judges in the North Louth Election Petition, and thus disqualified from acting as a magistrate, did nevertheless, after the judges had delivered judgment and reported him to this House, inflict three separate fines of 10s. each for drunkenness upon a newsvendor who sold the "Cork Free Press" in the streets of Dundalk; whether he instructed his counsel, Mr. Linehan, to appear for him in the King's Bench Division to contend that the disqualification of the magistrate reported as guilty of bribery and corrupt practices did not arise until the receipt of a communication from the Lord Chancellor informing him of the disqualification; whether he is aware that Mr. Justice Kenny, in dismissing his application, asked Mr. Linehan if he had been instructed to put forward that argument, and, on being told he had been, remarked that it was a somewhat peculiar course he had been instructed to take, that the Attorney-General, through his counsel, had taken up a very small position, and that there was no substance in his contention; and under what heading the costs of his appearance in this case will be submitted for discussion in Parliament?
§ Mr. REDMOND BARRYI understand the fact is as stated in the first part of the hon. Member's question. Personally, I did not advise on the matter, but Mr. Line-han was instructed to appear in support of the order challenged, and to put forward the contention substantially as presented in the question. The view taken was that, having regard to the necessity under Section 38, Sub-section 6, of the Corrupt Practices Act, 1883, of making a report with a statement of the evidence to the Lord Chancellor, and the power given to the Lord Chancellor by that Subsection to remove the justice reported for corrupt practice from the commission of the peace, the office of justice could not be held to be vacated by the mere fact of the report of the Election Court. Notwithstanding the observation ascribed to Mr. Justice Kenny, I think the contention was one which it was quite proper in the circumstances to bring before the Court for consideration and decision. Mr. Line-han's fee will be paid out of the Law Charges Vote.