Committee Reports::Report - Legal Practitioners (Qualification) Bill, 1928::29 November, 1928::Proceedings of the Joint Committee

IMEACHTA AN CHOISTE.

PROCEEDINGS OF THE COMMITTEE.

Déardaoin, 29 Mí na Samhna, 1928.

Thursday, 29 November, 1928.

1. The Committee met at 4 p.m.


2. Present:—Deputy Tierney (in the Chair), Deputies Buckley, Conlan, Derrig, Fahy, P. Hogan (Clare), Little, Mathews, G. O’Sullivan, J. T. Wolfe and the Minister for Finance.


3. The Committee took the Bill into consideration.


(i) Section 1.


Amendment proposed (Deputy Fahy):


“To add after line 17 the following definition:—


‘the expression “competent knowledge of the Irish language” means such a degree of oral and written proficiency in the use of the language as is sufficient to enable a legal practitioner properly to conduct the business of his clients in the Irish language.”’


Question put; the Committee divided; For, 8; Against, 2.


For:—Deputies Buckley, Conlan, Derrig, Fahy, P. Hogan (Clare), Little, Tierney and the Minister for Finance.


Against:—Deputies Mathews and J. T. Wolfe.


The amendment was declared carried accordingly.


Section, as amended, agreed to.


(ii) Section 2.


Amendment proposed (Deputy Conlan):


“In line 19, to delete the figures ‘1928’ and to substitute therefor the figures ‘1929.”’


Question put, and agreed to.


Amendment proposed (Deputy J. T. Wolfe):


“In line 19, to delete the word ‘sixteen’ and substitute therefor the word ‘nine.”’


Question proposed:—“That the word ‘sixteen’ in line 19 stand part of the section.”


Question put, and negatived.


Another question proposed:— “That the word ‘nine’ be there inserted.”


Question put, and negatived.


Another question proposed:— “That the word ‘twelve’ be there inserted.”


Question put, and negatived.


Another question proposed:— “That the word ‘thirteen’ be there inserted.”


Question put, and negatived.


Another question proposed:— “That the word ‘fifteen’ be there inserted.”


Question put, and agreed to.


Amendment proposed (Deputy G. O’Sullivan):


“In line 19, to delete the word ‘January’ and substitute therefor the word ‘October.”’


Question put, and agreed to.


Section, as amended, agreed to.


(iii) Section 3.


Amendment proposed (Minister for Finance):


“In page 2, lines 21-22, to delete the words ‘to the degree of barrister-at-law’ and to substitute therefor the words ‘by the Chief Justice to practise as a barrister-at-law in the Courts of Saorstát Eireann.”’


Question put, and agreed to.


Amendment proposed (Deputy G. O’Sullivan):


“To delete the word ‘he,’ where it first occurs, in line 22 and substitute therefor the words ‘such person.”’


Question put, and agreed to.


Amendment proposed (Deputy G. O’Sullivan):


“To add at the end of the section the following words:—


‘Provided always that nothing in this section contained shall prevent the Chief Justice from admitting to practise as a barrister-at-law in the Courts of Saorstát Eireann any member of any other Bar who has practised for not less than three years and who has been admitted to the degree of barrister-at-law by the Benchers of the Honourable Society of King’s Inns, Dublin, pursuant to a reciprocal arrangement whereby members of the Bar of Saorstát Eireann may be admitted to practise at such other Bar.”’


Debate ensued.


Ordered: That Business be now suspended for one hour.


Business suspended accordingly at 6 p.m. for one hour.


At 7 p.m. the Committee resumed consideration of the Bill.


(iv) Section 3.


Debate was resumed on the following amendment proposed this day by Deputy G. O’Sullivan:—


“To add at the end of the section the following words:—


‘Provided always that nothing in this section contained shall prevent the Chief Justice from admitting to practise as a barrister-at-law in the Courts of Saorstát Eireann any member of any other Bar who has practised for not less than three years and who has been admitted to the degree of barrister-at-law by the Benchers of the Honourable Society of King’s Inns, Dublin, pursuant to a reciprocal arrangement whereby members of the Bar of Saorstát Eireann may be admitted to practise at such other Bar.”’


Question put, and agreed to.


Amendment proposed (Deputy Little):


“To add to section 3 a new sub-section as follows:—


‘Where the Chief Justice prescribes the evidence necessary to satisfy him for the purposes of this section and section 5 of this Act, he shall make an Order to be published in the Iris Oifigiúil, and any such Order may from time to time be amended or altered by an Order to be published in like manner.”’


Amendment, by leave, withdrawn.


Section, as amended, agreed to.


(v) Section 4.


Amendment proposed (Deputy J. T. Wolfe):


“In sub-section (1), lines 28 and 32, to insert before the word ‘examination’ the word ‘preliminary.”’


Question put, and negatived.


Amendment proposed (Minister for Finance):


“To insert after sub-section (2) a new sub-section as follows:—


‘(3) Where any such regulations as aforesaid exempt any person from any of the examinations to which such regulations relate such regulations shall require such person, notwithstanding such exemption, either to attend and pass so much of such examination as consists of a test of knowledge of the subject of the Irish language or to satisfy the Incorporated Law Society that he has passed an examination in the subject of the Irish language requiring a standard of proficiency of knowledge of that subject which is equal to that required to pass such test as aforesaid.”’


Question put, and agreed to.


Section, as amended, agreed to.


(vi) Section 5.


Amendment proposed (Deputy Derrig):


“In sub-section (1), line 46, to delete the words ‘is satisfied’ and to substitute therefor the word ‘certifies.”’


Amendment, by leave, withdrawn.


Amendment proposed (Deputy J. T. Wolfe):


“In sub-section (1), line 46, to delete the words ‘the Chief Justice is satisfied’ and substitute therefor the words ‘the Incorporated Law Society certifies to the Chief Justice.”’


Question put, and negatived.


Section agreed to.


(vii) Section 6 agreed to.


(viii) Title agreed to.


4. Draft Report brought in by the Chairman (Deputy Tierney) read a first and second time, and passed as follows:—


The Special Committee has gone through the Bill and has made amendments thereunto. The Bill, as amended, is reported to the Dáil.


Ordered: to report accordingly.


5. The Committee concluded its business at 8.35 p.m.