The Gazette 1967/71

1886 onwards. Many of these estates were settled and the bonds were calculated to provide the estate including life tenants and remainder men with the same income as they got from the rents. It was generally agreed by both sides that this system is inequitable and inappropriate where the lands of owner/occupiers are being acquired. About one fifth of the total purchase monies of lands acquired voluntarily or compulaorily are for payment in cash each year. CRIMINAL LEGAL AID COSTS A deputation from the Society was received by the Minister for Justice on the 16th July, 1969. The Society had submitted a memorandum to the Department on the 22nd October, 1968, pointing out that the Criminal Legal Aid Scheme came into operation on the 1st April, 1965 and that the Minister in the course of discussions with the Society had written on the 16th Novem ber, 1964 agreeing that the costs proposed by him should operate for a period of two years and that the matter would then be reviewed in the light of experience. The Department had admitted that the fees proposed were in fact inadequate but the Society's representatives were informed at that time that the Department of Finance would not agree to the introduction of a scheme of any form unless they were satisfied that the expenditure falling on public funds would be confined to cer tain limits. The Council had asked the profession to accept the scheme as it stood for a trial period. It was pointed out in the Society's recent memorandum that the Council had ascertained as a result of enquiries from the profession that the general body of members on the legal aid panel regard the present scheme as unsatisfactory. The principal points stressed were : 1. The basic inadequacy of the fees prescribed for solicitors in the circumstances prevailing at the date of initiation of the scheme. 2. The changes in financial and economical conditions since the scheme was introduced. 3. The failure of the scheme to make any pro vision for cases involving heavy penalty work particularly in the Circuit and Criminal Courts and the absence of any element of discretion in assessing fees on the basis of the principle of reasonable remuneration for work necessarily done which is accepted in England and Northern Ireland. For the purpose of comparing the Criminal Legal Aid scheme in Northern Ireland and the free Legal Aid scheme in the Republic the deputation had 43

Department, Mr. T. O'Brien and Mr. Cronin. The subject of the meeting was the depreciation of land bonds due to the increase in the rate of interest with the consequent loss to owners whose lands have been acquired and solicitors. Both sides were in agreement that the present position is inequitable and that payment for lands acquired by land bonds which are difficult to sell and which rapidly depreciate in value is not in accordance with justice. The following pro posals were made on behalf of the Society. 1. That all lands should be acquired for pay ment in cash. 2. If payments are made in land bonds the following conditions should be attached and if necessary legislation enacted to this effect. (a) All bonds should carry a right of con version into any subsequent issue of land bonds at a higher rate of interest. (b) Bonds should be convertable into subse quent issues of Government stock. (c) Bonds should be available for payment of death duties and income tax. (d) The judge should have discretion at the It was pointed out and agreed by the Land Com mission that apart from the question of deprecia tion in value it is often difficult or well nigh impossible to sell land bonds. There is no ready market for these bonds. The Land Commission and the Land Judge were strongly of the opinion that the purchase of lands by means of land bonds had broken down, is inequitable and should be replaced by a system of cash payments. Up to the present the Department of Finance have never agreed to this proposal although it has been ad vanced a number of times. The Minister said that strong representations are being made to the Department of Finance. The deputation also raised the question of pay ment of solicitors' costs which include outlay in land bonds at depreciated values. It is pointed out that legislation was enacted some years ago or payment of auctioneer's commission in cash. Solicitors' costs are payable from the costs fund which is constituted by land bonds and there is a technical difficulty here. Payment by means of land bonds was originally devised to deal with large estates of landlords compulsorily acquired under the legislation from allocation stage to make an additional award of land bonds to compensate for any depreciation in value on that date so that the actual market price of land bonds should equal the purchase price of the land.