The Gazette 1967/71

CORRESPONDENCE

17th April 1967

Eric A. Plunkett, Esq., Secretary, The Incorporated Law

re: Road Traffic Bill, 1966

Society of Ireland, Solicitors Buildings, Four Courts, Dublin 7.

llth April 1967

The Secretary, Department of Local Government, Custom House, Dublin 1.

A Chara,

I am directed by for Local Government to acknowledge receipt of your letter of llth April regarding Section 22 of the Road Traffic Bill, 1966, and to state that your Society's representations in the matter have been noted. I am to point out that in his reply to the Second Stage debate on the Bill in Da.il Eireann on 5th April last the Minister stated that he had noted that "there seems to be a general opinion that, despite the fact that some unintended hardship may be caused in some cases, this power should not be taken" and he undertook, therefore, to "consider the matter between now and Committee Stage and see if there is any other method by which this can be dealt with". (Dail Debates, No. 227, No. 6, Cols. 1033-1034). Mise, le meas, J. B. TlOHE. Roinn Rialtais Aitiuil, Tracht ar Bhoithre Teach Dhroichead Ui Chonaill, Baile Atha Cliath 2. the Minister WANTED Assistant Solicitor for Cork City firm. Good salary and conditions. Reply stating age and experience (if any) to Box A245. REQUIRED for prominent Dublin solicitor's office, recently qualified solicitor to deal primarily with con– tentious work. State salary expected. Box A246. CONVEYANCING solicitor also required with at least five years experience. State experience and salary expected. Box A247. Register C JAMES DOLAN deceased, late of Pullagh, Tullamore, Co. Offaly, ob. 13th March 1967. Will any solicitor who holds a Will or Title Deeds of the above please communicate with Hoey and Denning, Solicitors, Tul– lamore, on behalf of the next of kin. PATRICK KELLY late of 30a flocking Lane, Wood- seats, Sheffield. Will any solicitor having knowledge of the existence of a Will made after 13th July 1965 by the above named deceased who died on 23rd March 1967, please communicate with R. H. Beauchamp and Orr, Solicitors, 5 Foster Place, Dublin 2. 11 THE REGISTRY Register A

Dear Sir, I am directed by the Council of this Society to make representations to the Minister that he should reconsider and amend Section 22 of the Road Traffic Bill, 1966. This section proposes to restore to the Minister for Justice a power which was removed by Section 124 of the Road Traffic Act, 1961, namely the power to reverse certain Court Orders was removed for a good reason in a driving licence. The power to interfere with Court Orders was removedf or a good reason in 1961 and no convincing grounds have been given for restoring it. If this measure is passed almost every disqualified driver will lodge a petition with the Minister, pressure will be exerted and a great deal of official time will be wasted in dealing with such matters. A most serious consequence is the disrespect for the rule of law which is encouraged by the substi– tution of administrative procedures behind closed doors for judicial proceedings in open court. The Society has frequently drawn attention to the danger of acquiescence in the erosion of the juris– diction of the courts on which private rights and public order depend. It is understood that the reason given for the present proposal is that the right of appeal to the Circuit Court against a disqualification order is insufficient because of the provision in Section 30 of the Road Traffic Act, 1961, that the opera– tion of the disqualification order is not suspended merely by the appeal. If this section were amended so as to provide that service of notice of appeal automatically suspends the disqualification unless the District Justice on special grounds otherwise directs any possible injustice would be remedied and there would be no necessity for empowering the Minister to interfere with an order of the Court.

Yours faithfully,

ERIC A. PLUNKETT,

Secretary.