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IMEACHTA AN CHO-CHOISTE.PROCEEDINGS OF THE JOINT COMMITTEE.Déardaoin, 6adh Mí na Samhna, 1930.Thursday, 6th November, 1930.1. The Joint Committee met at 10 a.m. 2. Present: Deputy Morrissey (in the Chair); Deputies Little and Wolfe; Senators Brown, Comyn, Farren, Hooper and Wilson. 3. The consideration of the Chairman’s Draft Report was resumed. (i) Postponed Paragraph 16. Amendment proposed (Senator Comyn): “To delete the sentence commencing with the word ‘While’ in line 27 down to and including the word ‘effect’ in line 29 and substitute as follows: ‘The Committee was informed that the effect of this decision.’” Question put, and agreed to. Amendment proposed (Senator Hooper): “At the end of the paragraph to add: ‘Any objection that this might impose an additional burden upon litigants, is met by recommendations as to costs contained in a later portion of this report.’” Question put, and agreed to. Paragraph, as amended, agreed to. (ii) Postponed Paragraph 17 agreed to. (iii) Postponed Paragraph 27. Amendment proposed (Senator Comyn): “After the word ‘Counsel’ in line 7 to insert the words ‘or be transcribed’ and to delete all words after the word ‘available’ in the same line to the end of the paragraph and substitute therefor the words ‘and any party to the action should be entitled to a transcript on payment therefor of the prescribed fees.’” Question put, and agreed to. Paragraph, as amended, agreed to. (iv) Postponed Paragraph 30. Amendment proposed (Senator Comyn): “To delete the sentence beginning with the word ‘On’ in line 41 and ending with the word ‘necessary.’” Question put; the Committee divided; For, 2; Against, 5. For:—Deputy Little; Senator Comyn. Against:—Deputies Morrissey and Wolfe; Senators Brown, Farren and Hooper. The Question was declared negatived accordingly. Amendment proposed (Senator Comyn): “In line 50 to delete the word ‘four’ and substitute the word ‘six.’” Question put; the Committee divided; For, 2; Against, 5. For:—Deputy Little; Senator Comyn. Against:—Deputies Morrissey and Wolfe; Senators Brown, Farren and Hooper. The Question was declared negatived accordingly. Amendment proposed (Senator Comyn): “In line 51, after the word ‘Court’ to insert the words ‘and Supreme Court.’” Question put; the Committee divided; For, 2; Against, 5. For:—Deputy Little; Senator Comyn. Against:—Deputies Morrissey and Wolfe; Senators Brown, Farren and Hooper. The Question was declared negatived accordingly. Question:—“That the Paragraph stand part of the Report”—put; the Committee divided; For, 5; Against, 2. For:—Deputies Morrissey and Wolfe; Senators Brown, Farren and Hooper. Against:—Deputy Little; Senator Comyn. The Question was declared carried accordingly. 4. Business was suspended at 1.30 p.m. for half an hour. 5. Business was resumed at 2 p.m. and the following members were present:—Deputy Morrissey (in the Chair); Deputies Little and Wolfe; Senators Brown, Comyn, Farren and Hooper. 6. The consideration of the Chairman’s Draft Report was resumed. (i) Postponed Paragraph 34 agreed to. (ii) Postponed Paragraph 41. Amendment proposed (Deputy Little): “Delete all after the first sentence and insert as follows:—‘The Committee are, however, convinced that the considerations which, it is stated in evidence, weighed against any recommendation by the Judiciary Committee in 1923 for an increase in membership of the Supreme Court are even more compelling to-day. The Committee are of the opinion that there should be no increase in the cost of the Supreme Court until the increased prosperity of the country warrants it, and until the volume of business in the Superior Courts urgently requires it. Further, they recommend that any changes made in the Supreme Court should be accompanied by a revision of salaries in the light of a comparative study of the salaries paid to judges of equal rank in other European countries, for instance, in France, where the scale of judicial salaries is much lower than in the Free State.’” Question put; the Committee divided; For, 2; Against, 5. For:—Deputy Little; Senator Comyn. Against:—Deputies Morrissey and Wolfe; Senators Brown, Farren and Hooper. The Question was declared negatived accordingly. Question:—“That the Paragraph stand part of the Report”—put; the Committee divided; For, 5; Against, 2. For:—Deputies Morrissey and Wolfe; Senators Brown, Farren and Hooper. Against:—Deputy Little; Senator Comyn. The Question was declared carried accordingly. (iii) Postponed Paragraph 45. Amendment proposed (Senator Comyn): “In sub-paragraph (a) to delete the words ‘under the Act of 1924.’” Question put, and agreed to. Paragraph, as amended, agreed to. (iv) Postponed Paragraph 62. Amendment proposed (Deputy Wolfe): “To delete the figures ‘72’ and substitute the figures ‘75.’” Question put, and agreed to. Paragraph, as amended, agreed to. (v) Postponed Paragraphs 63 and 64 agreed to. (vi) New Paragraphs. Amendment proposed (Deputy Wolfe): “Before Paragraph 90 to insert a new Paragraph as follows:—‘That section 12 of the Act of 1924 be amended by deleting the figures “72” and substituting the figures “75.” ’” Question:—“That the new Paragraph be there inserted”—put, and agreed to. Amendment proposed (Senator Brown): “Before Paragraph 95 to insert the following new paragraph:— ‘That it be provided by legislation that a Rule (or Rules) of Court shall be made to the effect that (i) Costs shall follow the event unless the judge or judges shall for special cause stated in the order otherwise direct. An appeal shall lie from the grant or refusal of this order. (ii) If there are two or more defendants, and the plaintiff succeeds against one or more, but fails as to another or others, the unsuccessful defendant may be ordered to pay the costs not only of the plaintiff but also of the successful defendant or defendants. In any such case the judge or judges may grant a decree with costs against any one or more of the defendants and grant a dismiss as to the other or others of the defendants either with or without costs as he or they shall think fit. (iii) In a case where the scale of costs is applicable, witnesses’ expenses shall be in the discretion of the judge or judges without limit as to amount.’” Question:—“That the new Paragraph be there inserted”—put, and agreed to. (vii) Postponed Paragraph 98. Amendment proposed (Senator Farren): “At the end of the Paragraph to add the following new sub-paragraph:— ‘That sections 36, 65 and 90 of the Act of 1924 be amended so as to provide for the inclusion in the Committee, in the said sections respectively referred to, of two persons, not being members of the legal profession, representing the general public, to be nominated thereto by the Minister for Justice.’” Question put, and agreed to. Paragraph, as amended, agreed to. Motion made (Senator Farren): “That the Chairman’s Draft Report, as amended, be the Report of the Joint Committee.” Question put, and agreed to. Ordered: To report to both Houses accordingly. 7. The Joint Committee concluded at 3.30 p.m. |
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