Committee Reports > List of Committees > Dáil > 1928 > Committee on Procedure and Privileges > Report No. 01 - Procedure and Privileges (the Incapacity of James Larkin for Membership of the Oireachtas)

IMEACHTA AN CHOISTE.

PROCEEDINGS OF THE COMMITTEE.

Dé hAoine, 9adh Márta, 1928.

Friday, 9th March, 1928.

1. The Committee met at 10.5 a.m. in Committee Room No. 106.

2. The following members were present:—

The Ceann Comhairle (in the Chair); Deputies Aiken, G. Boland, Cooper, Duggan, P. S. Doyle, Little MacEntee, Morrissey, O’Hanlon and G. O’Sullivan.

3. Debate was resumed on the following motion made by Deputy G. O’Sullivan on the 8th March:—

“That, after hearing evidence, and after examining certain official files submitted to it, the Committee is satisfied that James Larkin, described as of Unity Hall, 31 Marlboro’ Street, in the City of Dublin, returned by the Returning Officer for the Borough Constituency of Dublin North as one of the eight persons elected to serve in the Dáil for that Constituency at the General Election held on the 15th day of September, 1927, was on that date an undischarged bankrupt under an adjudication by a Court of competent jurisdiction in Saorstát Eireann;

“The Committee consequently answer in the affirmative the two questions referred to it in the Resolution of the Dáil of Friday, March 2nd, 1928.”

Amendment proposed (Deputy Aiken):

“To delete all words after the word ‘Committee’ where that word first occurs and add the words ‘considers that it has heard no evidence which would be held to be conclusive in a court of law to enable it to establish the identity of the James Larkin who was the candidate nominated for the Borough Constituency of Dublin North at the General Election of September, 1927.”’

Question put; the Committee divided; For, 4; Against, 5:—

For:—Deputies Aiken, Boland, Little and MacEntee.

Against:—Deputies Duggan, Doyle, Morrissey, O’Hanlon and O’Sullivan.

The amendment was declared negatived accordingly.

Main Question put; the Committee divided; For, 5; Against, 4:—

For:—Deputies Duggan, Doyle, Morrissey, O’Hanlon and O’Sullivan.

Against:—Deputies Aiken, Boland, Little and MacEntee.

The motion was declared carried accordingly.

4. The following Draft Report brought in by the Chairman was circulated:—

“DRAFT REPORT

FIRST REPORT OF THE COMMITTEE ON PROCEDURE AND PRIVILEGES.

1. The questions referred to the Committee by the Resolution of the Dáil of Friday, the 2nd of March, 1928—

(1) Whether James Larkin, described as of Unity Hall, 31 Marlboro’ Street, in the City of Dublin, returned by the Returning Officer for the Borough Constituency of Dublin North as one of the eight persons returned to serve in the Dáil for that constituency at the General Election held on the 15th day of September, 1927, is one and the same person as James Larkin described as of 54 Beechwood Avenue, Ranelagh, in the County of Dublin, Labour Organiser, who on the 21st day of November, 1924, was adjudicated bankrupt by a Court of competent jurisdiction in Saorstát Eireann; and

(2) If James Larkin, described as of Unity Hall, 31 Marlboro’ Street, in the City of Dublin, be one and the same person as James Larkin described as of 54 Beechwood Avenue, Ranelagh, in the County of Dublin; whether the said James Larkin described as of Unity Hall, 31 Marlboro’ Street, in the City of Dublin, was on the 15th day of September, 1927, an undischarged bankrupt under an adjudication by a Court of competent jurisdiction in Saorstát Eireann, have been inquired into by the Committee.

2. The Committee examined certain official files and heard evidence from the Returning Officer for the Borough Constituency of Dublin North at the General Election of September, 1927.

3. As a result of that examination, and of the evidence given before it, the Committee reports that it is satisfied that James Larkin, described as of Unity Hall, 31 Marlboro’ Street, in the City of Dublin, returned by the Returning Officer for the Borough Constituency of Dublin North as one of the eight persons elected to serve in the Dáil for that Constituency at the General Election held on the 15th day of September, 1927, was on that date an undischarged bankrupt under an adjudication by a Court of competent jurisdiction in Saorstát Eireann.

4. The Committee consequently answers in the affirmative the two questions referred to it in the Resolution of the Dáil of Friday, March 2nd, 1928.”

Deputy Duggan moved:

“That the Chairman’s Draft Report be the Report of the Committee to the Dáil.”

Question put; the Committee divided. For, 6; Against, 4:—

For:—Deputies Cooper, Duggan, Doyle, Morrissey, O’Hanlon, and O’Sullivan.

Against:—Deputies Aiken, Boland, Little and MacEntee.

The motion was declared carried accordingly.

Ordered, to report accordingly.

Ordered: That the Report be presented to the Dáil to-day.

5. The Committee adjourned at 11.30 a.m.