The Gazette 1967/71

Bill is being drafted and will be published as soon as possible after drafting has been completed- Mr. Tully : Would the Minister be able to give any idea as to when he thinks this Bill will be before the House ? Mr. J. Brennan: I should like to have it through before the completion of the summer recess. Unit Trusts Mr. M. O'Leary asked the Minister for Industry and Commerce if he will give further details of the scheme to introduce unit trusts in an effort to develop the home market. Mr. G. Colley: The promotion of unit trusts is not a matter for me. I propose, however, to intro duce a Bill in the near future providing for the registration, in the public interest of unit trusts engaging in business in this country. It will be necessary for the managers and trustees of such unit trusts to be incorporated in the State and have a place of business in the State. The Bill will also provide that I will have power to make orders imposing requirements on unit trusts which will safeguard the interests of investors and also ensure that a minimum proportion of the funds will be invested in this country. Committee on Court Practice and Procedure Mr. Ryan asked the Minister for Justice when action will be taken to implement the recom mendations of the eighth interim report of the Committee on Court Practice and Procedure ; why consultations with the professional and other bodies concerned have not taken place; if he is aware that the situation disapproved of by the Committee has constantly worsened since April, 1968 ; and if he will make a statement on the matter. Minister for Justice (Mr. Moran): The eighth interim report of the Committee on Court Practice and Procedure contains recommendations on: (1) Service of court documents by post, and (2) Fees of professional witnesses. As regards (1), recommendations for legislation on this subject are at present before the Govern ment in connection with proposals for a new Courts Bill. As regards (2), the Government have recently authorised me to arrange for the implementation of the recommendations in the report regarding the determination of fees of professional witnesses allowable on taxation of party and party costs. The

committee's recommendations on this subject are as follows: (a) There should be no specific fees for pro fessional witnesses prescribed by Rules of Court; (b)) The fees to be allowed on party and party taxation should be measured with due regard to the evidential value of the witness's testimony, the time actually spent in court, the financial loss incurred, etc.; (c) The sums allowable should be a reason able indemnity to the party, but any scale of fees set by a professional body to be charged by its members in connection with litigation should not be regarded as in any way binding in taxa tion as the appropriate fee; (d) Meetings should be held at regular inter vals between the Taxing Master and the pro fessional association for a periodic review of the trend in professional fees; (e) The existing practice on taxation of dif ferentiating between allowances for the fees of professional witnesses on the basis of the juris diction of the court in which the evidence was given should be continued. The Superior Court Rules Committee have been asked to make the necessary rules to implement the recommendations; and I have consulted the Taxing Master in regard to the arranging of regular meetings between him and the professional association for the informal review of professional fees. EASIER LEGAL AID URGED FOR THE MIDDLE CLASS Middle income earners suffer hardship under existing legal aid regulations, according to a report published recently. The constantly rising costs of private legal representation means a " denial of justice for increasing numbers of middle-class people," the report says. They could not afford to pay for legal repre sentation in court and their income and capital made them ineligibe for legal aid or liable to pay a heavy contribution. The report, published by the Cobden Trust, which is associated with the National Council for Civil Liberties, recommends that it would be a great advance if the formal financial limits for legal aid in civil cases were abolished. 160