The Gazette 1972

The Court Rules Committees The rules committees of the various courts have done quite an amount of work during the past two years. The District Court Rules Committee continue their major task in connection with a general revision of the existing District Court Rules. The Committee have made—and I have concurred in—the following rules: the District Court (Extradition Act, 1965) Amending Rules, 1971, which provides for forms prescribed in the District Court (Charge Sheet) Rules, 1970, which will extend to the whole country the system at present in operation in the Dublin Metropolitan District whereby the offence charged against an arrested person is entered on a charge sheet instead of in the Minute Book and the District Court (Courts Act, 1971) Rules, 1972 which deal with procedural matters arising from the Courts Act, 1971. The committee have submitted the District Court (Summonses and Warrants) Rules, which are designed to secure a more expeditious discharge of business in the District Court by making changes in the procedures relating to the preparation of records and warrants in the court. These rules are at present being considered in my Department. The Circuit Court Rules Committee are making pro- gress with their work of revising and consolidating the Circuit Court Rules. I have concurred in rules made by by them entitled the Circuit Court Rules (fao. 1) 1970, dealing with certain procedures under the Local Govern- ment (Planning and Development) Act, 1963, and the Landlord and Tenant (Ground Rents) Act, 1967. In addition, the committee have for some time been examining draft rules, and suggested amendments to those rules, to deal with procedure under the Succession Act, 1965. Five sets of rules, in which I have concurred, were made by the Superior Courts Rules Committee. Firstly, there were the Rules of the Superior Courts (No. 1) 1970 which prescribed the procedure for appeals, on a point of law, to the Supreme Court from decisions of the Circuit Court under the Electoral Act, 1963. These rules also deal with the lodgment of money in court with the defence and with orders for delivery of possession. Secondly, there were the Rules of the Superior Courts (No. 2) 1970, which replace, by a new rule, the existing rules covering fees and expenses of witnesses. The new rules is in the main designed to implement the recom- mendations of the Committee on Court Practice and Procedure in Part (2) of their eighth interim report. The principal change is that the fee for a professional witness allowable on taxation of party and party costs is no longer prescribed bv the Rules of the Superior Courts but will be determined by the Taxing Masters after consultation from time to time with the profes- sional associations. The third set of rules in which I have concurred are the Rules of the Superior Courts (No. 1), 1971, which provide for the recovery of certain court fees increased under the Supreme Court and High Court (Fees) Order, 1970. Fourthly, there were the Rules of the Superior Courts (No. 2), 1971, which relate to bankruptcy forms, the grant of free transcripts to appellants in legal aid cases in the Court of Criminal Appeal, procedure under the Redundancy.Payments Act, 1967, and the reckoning of certain execution costs by reference to Part III of Appendix W to the Rules of the Superior Courts, 1962. The fifth and last set of rules made by the Superior Courts Committee were the Rules of the Superior Courts (No. 3), 1971, which provide for an increase in the costs •n respect of shorthand writers and transcripts of

evidence, as prescribed in the Rules of the Superior Courts, 1962. The three Courts Rules Committees made new costs rules which came into operation on Decimal Day, the 15 th February, 1971. The effect of the new rules was to substitute the new decimal currency equivalents for amounts of costs previously prescribed in pounds, A division has been established in my Department to continue the work of examining the implications for the Department of entry to the EEC and to take the necessary consequential action. The Department is con- sidering in conjunction with the Attorney General's Legal Committee what legal provisions will be required, in so far as the Department is concerned, to implement the Treaties, Community secondary legislation and the Rules of the European Court of Justice. The provisions required are likely to include amendments to existing legislation, certain new legislative measures and new rules of court. The Department is also considering the EEC convention on Jurisdiction and the Enforcement of Civil and Commercial Judgments, with a view to accession by Ireland to the Convention. The Convention has been ratified by three of the existing six member states and it will come into force when all the member states have ratified it The Accession Treaty provides that the new member states shall enter into negotiations with the Six in order to make any necessary adjustments to it These negotiations have already begun, but they are still at an exploratory stage in the field of " technical adaptations ". We have received and are examining a preliminary draft of an EEC Convention on Bankruptcy, Composition and Related Proceedings. This draft is still being considered by the Six and I understand that negotiations on the terms of the convention will not take place with the applicant States until a new draft has been prepared in the light of the views of the existing members. The Adoption Board The Adoption Board made 1,305 orders in 1971, 109 less than in 1970. The proportion of children placed by Adoption Societies was 85 per cent as compared with 83 per cent in 1970.1 should like to place on record my appreciation of the excellent work that is being done both by the board itself and by the Adoption Societies, of whom there are 21. Six hundred and fifty-six of the orders made in 1971 were in respect of boys and 649 were in respect of girls. The board continues to hold sittings outside Dublin so as to facilitate prospective adopters. Forty-eight of the total of 92 meetings held during the year were held in various centres outside Dublin. Aliens and Naturalisation There has been some increase in recent years in the number of aliens registered as being resident here for three months or more. The number so registered on 3st December, 1971, was 6,088 as against 5,126 in 31st December, 1970. The influx of visitors subject to immigration controls continues to increase at a rapid rate. Over 222,000 visitors came here in 1971 from places other than the North of Ireland and Great Britain as compared with 190,000 such visitors in 1970. Those figures do not include British subjects, who are exempt from control on a reciprocal basis. The increasing num- ber of foreign visitors coming here creates various administrative problems for the immigation service, and 173 shillings and pence. E.E.C Legislation