Scandal Over Incorrect Text Published By Government Stationery Office and Used By Judges

national | rights, freedoms and repression | news report Friday June 23, 2006 00:45 by Harry Rea - The National Mens Council of Ireland

This Matter is of the Highest Importance.

“If we can not know whether the courts are applying the law as passed by our legislators without editing or interference from another source our sovereignty is violated and every Act is now questionable as to its veracity. It also raises the huge question as to what subversive group has edited the legislation before it was published by the government stationery office”.

In this instance where it applies to the Guardianship of Infants Act, 1964 it means that Constitutional protections given to parents very likely have been violated by the courts for the past forty years through implementation of incorrect text.

If anyone has any ideas or suggestions how we can get an actual copy of the Guardianship of Infants Act, 1964 as actually passed by the Oireachtas and signed by the President from the office of the Registrar of the Supreme Court, as the enrolled text which are by Constitutional mandate held there are the only “conclusive evidence of the provisions of such law” then please tell us.

It puts a very serious question mark as to whether the courts, since 1964 under the Guardianship of Infants Act, have been exercising the correct jurisdiction in matters affecting the welfare of children. It would appear the courts have been relying on incorrect text which ignores the parental rights afforded by the Constitution and which the Oireachtas intended should be exercisable!

I received yesterday a letter from the Registrar of the Supreme Court and I have attached a copy of this profoundly important document.

It was in reply to a request that the National Mens Council of Ireland made in accordance with the provisions of Article 25.4.5 and I give a copy of the letter I sent below which refers to the provision in the Constitution.

"Signing and Promulgation of Laws

ARTICLE 25 4.5°
As soon as may be after the signature and promulgation of a Bill as a law, the text of such law which was signed by the President or, where the President has signed the text of such law in each of the official languages, both the signed texts shall be enrolled for record in the office of the Registrar of the Supreme Court, and the text, or both the texts, so enrolled shall be conclusive evidence of the provisions of such law.”

Our request was that we be provided with a copy of the Guardianship of Infants Act, 1964 that the office has on record, under Article 25.4.5 for the purpose of providing such conclusive evidence.

The Research Division of the National Mens Council of Ireland have become aware that there exists a serious discrepancy in the text of the Guardianship of Infants Act, 1964 between the “Bill As Passed” by the Houses of the Oireachtas and the “Act as published” by the Stationery Office.

In the course of a Judicial Review, (Andrew King v. Judge David Maughan; 21 March 2006) Justice Hanna in the High Court stated, “You may take it, Mr. King, that when I'm considering this matter, [of the wording of the Guardianship of Infants Act, 1964] I will consider the Act as published by the Stationery Office.”

It is obvious therefore that a serious problem exists if the Act as published by the Stationery Office is in any way at variance with the act as passed by the Oireachtas.

The National Mens Council of Ireland simply requested that we be furnished with an attested copy of the Guardianship of Infants Act, 1964 that the Supreme Court Office have on record for the purpose of providing such conclusive evidence so that, on behalf of the family men and women of Ireland, we might ascertain exactly where the problem lies.

In her reply (quoted from below) the Registrar of the Supreme Court states that copies of enrolled texts of laws ARE NOT PROVIDED BY THIS OFFICE.

“Copies of all acts of the Oireachtas are made available through the Government Publications Sales Office and are also published on the Government of Ireland Website. An Act procured from either of these sources is accepted by our Courts as proof of the provisions of such law. Copies of enrolled texts of laws are not provided by this office.”

If we can not know whether the courts are applying the law as passed by the Oireachtas without editing or interference from another source our sovereignty is violated and in this instance it means that Constitutional protections given to parents very likely have been violated by the courts through implementation of incorrect text.

This puts into question the jurisdiction of the court in all matters affecting the welfare of children and is a national scandal. If the courts have been applying the wrong jurisdiction there is a likelihood that many children lives will have been damaged as a result.

Roger Eldridge, Chairman.
National Men’s Council of Ireland,
Knockvicar,
Boyle,
Co. Roscommon
Www.family-men.com
Email: familymen@eircom.net

NMCI - Letter To:

Maeve Kane,
Registrar Supreme Court,
The Four Courts,
Dublin 7.

13th June 2006

Dear Madam

According to the rules laid down in Article 25 of the Irish Constitution conclusive evidence of the provisions of each law is held on record by the Supreme Court.

Bunreacht Na hÉireann, Signing and Promulgation of Laws

ARTICLE 25 4.5°
As soon as may be after the signature and promulgation of a Bill as a law, the text of such law which was signed by the President or, where the President has signed the text of such law in each of the official languages, both the signed texts shall be enrolled for record in the office of the Registrar of the Supreme Court, and the text, or both the texts, so enrolled shall be conclusive evidence of the provisions of such law.

I would be grateful therefore if you would furnish the National Mens Council of Ireland, by return, with an attested copy of the Guardianship of Infants Act, 1964 that you have on record for the purpose of providing such conclusive evidence.

Please provide copies of the Act as originally lodged and copies of any further lodged copies of the Act as amended in both Irish and English where applicable.

Thank you and God bless

Roger Eldridge,
Chairman
Email: familymen@eircom.net

Some Information:

The President of Ireland and legislation

Legislation in Ireland starts life as a Bill which is passed by both Houses of the Oireachtas (the Irish parliament).

Every Bill must be signed by the Irish President before it can become law in Ireland. As soon as the Bill has been passed by both Houses of the Oireachtas, it is presented to the President for signature.

A Bill must be signed on the 5th, 6th or 7th day after it has been presented to the President. However, if the Seanad agrees, the Government may request that the Bill be signed sooner.

When a Bill has been presented to the President, he or she has the power to refer it to the Supreme Court within 7 days. This power is exercised by the President when there is doubt as to whether the Bill is constitutional. He or she must first consult with the Council of State but the decision to refer the Bill is the President's alone.

If a Bill is referred to the Supreme Court, it must decide whether or not the Bill conflicts with the Constitution. If the Supreme Court holds that the Bill is unconstitutional, the President cannot sign it.

Once a Bill has been signed, the President must then publish a notice in Iris Oifiguil (the official State gazette) stating that the Bill has become law.
"Signing and Promulgation of Laws

ARTICLE 25 4.5°
As soon as may be after the signature and promulgation of a Bill as a law, the text of such law which was signed by the President or, where the President has signed the text of such law in each of the official languages, both the signed texts shall be enrolled for record in the office of the Registrar of the Supreme Court, and the text, or both the texts, so enrolled shall be conclusive evidence of the provisions of such law.”

Quote:
“Find out just what the people will submit to and you have found out the exact amount of injustice and wrong which will be imposed upon them; and these will continue until they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress”.

— Frederick Douglass, civil rights activist, Aug. 4, 1857