The Gazette 1944-46

The Minister for Justice some time ago appointed a Committee to inquire into the matter of fees payable in the High Court, The Council is repre sented on this Committee by two members. We look forward, with some misgiving, to the setting up of this Committee, having regard to the policy of the Minister in regard to Land Registry F'ees. Let us hope that the setting up of the Committee by the Minister does not indicate another upward revision of the fees payable in the High Court. There is no reason why they should be increased. Even from the point of view of the Department, you will agree, the fees payable at present are, indeed, reasonable. However, the members of the Council will con sider very fully all matters brought before this Committee. With the coming of peace, and the urgent necessity for provision of housing, particularly in City and Town areas, we may expect that there will be extensive compulsory acquisition of property. Recently, his Lordship, the Lord Mayor of Dublin, who takes such a keen interest in civic affairs and in the well-being of our citizens, stated that the Dublin Corporation has prepared a scheme which will involve the expenditure of £11,000,000 for housing and street widening. This, doubtless, will necessitate the acquisition of property on a large scale. It is to be hoped that the Legislature will take steps to assure that in all cases of such acquisition, adequate compensation will be awarded to the property owner. The full market price of the property should be paid and the owner, who has his property taken from him, should, at least, be put into the position that his income is not decreased by reason of the acquisi tion of his property. As the law stands, the local authority may acquire property compulsorily, almost when, and, within certain limits, where it wishes. Undoubtedly, the Minister for Local Government and Public Health directs an inquiry as to the confirmation of the Acquisition Order, but in most cases, in our experience, the Order is confirmed. Then there is an arbitration to assess the amount of compensation payable to the owners. There is no appeal on the amount of the compensation, from the decision of the arbitrator. Frequently, the amount of com pensation awarded—and I have now in mind particularly the property owner whose sole income was from the acquired property—is so small, that a very grievous hardship is caused. The full market value of the property should be paid ; and, in addition, where property is taken from an owner, regardless of his wish to keep it, his expenses in connection with the matter

should be paid to him. Frequently, in cases of acquisition, an owner is put to very considerable expense, and this expense is not reimbursed to him. A measured sum is sometimes awarded, which in nine cases out of ten, would not cover the owner's outlay, and it is left to the owner to pay the balance. His costs of making title to the property are paid when the property has been acquired by the local authority. There should be a right of appeal in every case as to the amount of the compensation awarded by the arbitrator ; and this appeal, should be to the High Court of Justice. As the law stands at present, the position is unfair and unsatisfactory to property owners. The Commission on Vocational Organisation presented to the Government in 1943 a most exhaustive and useful Report. This Report is a matter of interest and importance to all citizens, and the Council appointed a Committee to con sider the Report, in so far as it affects our pro fession. I do not know if the Government intends to give any effect to this Report, but I feel now that a Committee of the Oireachtas has been set up to inquire into the method of election to Seanad Eireann that careful perusal of this Report by members of that Committee would be very helpful in their deliberations. It seems to me that the Senate could be filled—to a major part at any rate—by representation on a vocational basis, and I hope that this view will be taken by the Oireachtas Committee. In my opinion, the public generally is very interested that the method of election to the Senate is under consideration. The present method has caused uneasiness in the public mind. At the last General Meeting, I told you that the Solicitors' Bill would shortly receive the attention of the Executive Council. This has, so far, not been done, because the Department of Justice, owing to great pressure of work, was unable to complete its consideration of the Bill. It had, we are satisfied, other very urgent matters to attend to. However, I believe that the Bill will be considered by the Executive Council at a very early date. This Council has impressed on the Minister for Justice what the views of the Society on the Bill are. It is hoped that in the near future we shall have the Government's views on this most important Bill. The Council, during the Emergency, endeav oured so far as they could, but without success, to obtain petrol for country practitioners. Now, that petrol is available to the public, it is hoped that additional allowances will be made available to solicitors having regard to the amount of 52