The Gazette 1967/71
posals which I hope shortly to put before the Government will represent a useful step on the road to the major achievement of a single land lord and tenant code. The Circuit Court Rules Committee are revising and consolidating the circuit court rules and I understand that they have made considerable progress with this task. In addition they have prepared draft rules dealing with procedures under the Succession Act, 1965, the Local Government (Planning and Development) Act, 1963, and the Landlord and Tenant (Ground Rents) Act, 1967. The Superior Courts Rules Committee drafted two sets of rules dealing respectively with con tentious and non-contentious probate business, which are necessary under the Succession Act, 1965. These drafts were examined and certain amendments which were suggested to the com mittee are being considered. County Tipperary and Offaly (Birr Division) Sessional Bar Associatinn At the Annual General Meeting of this Asso ciation the following Officers and Committee were elected for the Session 1969-70. President—Martin T. Butler, Thurles. Hon Secretary—John Carrigan, Thurles. Hon. Treasurer— Martin T- Butler, Thurles. Committee—Michael C. Black, Nenagh; Michael O'Meara, Nenagh; Patrick F. Treacy, Nenagh; John C. Devitt, Roscrea; A. I. Cunningham, Templemore; John J. Nash, Templemore; Donal G. Binchy, Clonmel; Francis Murphy, Clonmel; Thomas J. Reilly, Clonmel; Kieran T. Flynn, Tip perary; Robert A. Frewen, Tipperary; Miss Joan Kelly, Tipperary; Richard D. Kennedy, Tipperary; William F. O'Connell, Tipperary. BEECHING PLAN FOR JUDGES A judicial system which was created for the conditions of early medieval England and Wales is hardly likely to remain appropriate for the twentieth century. The Royal Commission on Assizes and Quarter Sessions, appointed almost three years ago under Lord Beeching, has now published proposals in a commendable report. The pity is that such a review was not undertaken many years earlier. The present pattern of courts and the rising crime rate have combined to produce often inor dinate delays in both civil and criminal business- Civil actions are frequently postponed because of the need to clear the backlog of criminal work. 81
be changed to enable account to be taken in bail applications of the previous bad character of an accused and the views of responsible police officers that there is a likelihood of further criminal acts if the accused is on bail pending trial. As far as safeguarding the liberty of the individual is con cerned, I would like to emphasise that what I propose is fully in accordance with the funda mental principles of penal law laid down in 1961 by the International Commission of Jurists. I might also mention that what I propose is in line with provisions in recent British legislation on the subject. I am, of course, aware that there are constitutional difficulties involved in the framing of the particular legislation required but I am confident that these difficulties can be overcome. The Landlord and Tenant Commission, who have so far presented two reports dealing with specific issues, are now engaged on their main work, that is to say, a review of the whole law of landlord and tenant other than the Rent Res trictions Acts. This work will, I hope, lead ultimately to a single statute which will modernise and consolidate the statute law on the subject. I am sure that not only the legal profssion but the public generally will be at one with me in looking forward to the day when we can set out in a single enactment a statement in modern terms of the whole statute law on the subject of landlord and tenant. The task which the commission have undertaken is an onerous one, but we can be confident that the resulting legislation will well repay the work involved. In the meantime the Government have already approval of my proposals based on the com mission's first report and a draft Bill has been prepared. I hope to bring my proposals based on the second report before the Government in the near future. The first of these reports deals with the renewal of occupational tenancies and calls for the amendment of parts of the 1931 Landlord and Tenant Act. The second deals with extensions of the rights of renewal and of outright purchase given by the Landlord and Tenant Acts from 1931 to 1947 to what may be called ground rent tenants. It deals inter alia with the^renewal of sportng club tenancies and the rights of local authority tenants. I propose to amalgamate my proposals in the draft Bill on occupational tenan cies with my proposals based on the second report and to bring one comprehensive measure before the Oireachtas. This will call for the repeal of al the Landlord and Tenant Acts from 1931 on, and for the re-enactment of the surviving portions of those Acts together with new provisions based on the commission's recommendations. The pro
Made with FlippingBook