The Gazette 1967/71

tion wrote

to

the Minister raising

these

hands of the Hon. Mr. Justice Henchy, who, by his courtesy, dignity, learning and practical experi ence of the law, is highly regarded by all.

two

points. The Minister replied by

letter of

the 10th

October 1970 that while no useful discussion of the details of the proposed legislation could take place until the Bill had been published, nonetheless the Statement of 3rd March was issued to indicate the intention of the Govern ment to provide for the protection of tenants who by reason of having no right under the existing law either to renew their tenancies or purchase the fee simple might lose all claim to their properties before the new legislation for their benefit could be enacted and that only the legislative proposal relating to the second Report of the Landlord and Tenant Commission (being those numbered 1 to 5 in the Statement) would operate as and from 3 March 1970. In the case of the legislative proposals arising out of the first Report of the Commission (being those numbered 6 to 8) it was not the intention to make the changes operative from 3 March 1970. The Minister further indicated that if it became clear that renewals of occupational tenancies on unfavourable terms had been negotiated prior to the introduction of the new legislation, the Minister would consider the inclusion in the Bill of a rectifying provision. VACANCIES FOR APPRENTICES The Council intend to compile a list of offices with vacancies for apprentices from time to time and members with such vacancies are requested to communicate with the Secretary. Two Bright Young Solicitors required for Dublin office. Experience an asset but persons awaiting admission or newly- admitted solicitors would be considered. Replies with particulars to Box A275. indicating

MOTORISTS MAY ALL GET OFF THEIR . PARKING FINES Good news for the thousands of Dublin motorists who have got parking fines in the past couple of months came last week in the Dublin District Court. The majority of motorists who have been caught may not have to pay a penny in court because their summonses are worded incorrectly. This follows a decision made by Justice Donal Kearney to dismiss all parking summonses worded incorrectly. Gardai have been issuing summonses to the registered owners of cars on which tickets were placed in accordance with the 1961 Road Traffic Act, but the summonses have read "you did park" instead of "your car was parked". Last Spring there was an attempt made in the District Court to contest a case on the form of the summons being used, but this did not reach a higher court because the prosecution admitted the error in the wording. The wording of the summonses, however, was not changed and it is estimated that there already is a six-month backlog of summonses that are prepared or issued. In some cases, the backlog is so great that Gardai are backdating summonses to comply with the regulation which says that summonses must be issued within six months of an alleged offence. The situation, as I understand it, is that Justice Kearney will dismiss all summonses that are not worded correctly whether the defendants know they have a defence or not. The other justices are not obliged to follow suit but if the defendants contest the wording it is likely that they will get off. The Gardai could change the summonses but with the enormous backlog it seems unlikely they will even contemplate it. Also, nearly 300,000 summons forms have been printed on duplicating machines. All these would have to be scrapped if trie wording were changed. 1.19

NEWS OF THE MONTH We have been honoured by the fact that our first signed article has come from the learned