The Gazette 1972

Mr. T. J. Fitzpatrick (Cavan): I take it the Taoiseach is aware of the Courts of Justice Act which was recently passed and which conferred a right of audience on solicitors in all courts in the land- Would the Taoiseach think that the practice of practically excluding solicitors from prosecutions in the Metro- politan District Court is contrary to the spirit of the Act? Is the Taoiscach aware that in the last year for which figures are available, junior barristers were paid a sum of mpre than £17,000 for appearing in the district court? Is the Taoiseach aware that some people who bring these prosecutions believe they would be much more efficiently conducted by full-time solicitors in the Chief State Solicitor's Office who are trained and engaged in this kind of work, rather than by giving them at the last moment to very inexperienced barristers? This is the practice that prevails at the moment. Finally, is the Taoiseach aware that many Garda officers who are responsible for bringing these prosecutions are dis- satisfied with the way the prosecutions are conducted in court? Taoiseach: In the first place I am not aware that Garda officers arc dissatisfied with the manner in which prosecutions are brought now. If the Deputy contends that, let him produce some proof of it and the matter wil be investigated. The recent Courts of Justice Act conferred no higher right are regards prosecutions in the District and Circuit Courts on solicitors than they already had. With regard to the suggestion that fees amounting the £17,000 were paid to barristers. I do not know if that is the case. 1 have not looked at the figure recently. Perhaps it is. Mr. T. J. Fitzpatrick (Cavan): This information was given to me recently in reply to a Parliamentary Question. The Taoiseach: I will not contend in any way that cases could be better brought and more effectively brought by solicitors than by barristers. Again I want to say that it is a matter for the Attorney General whom to employ in the prosecution of these District court cases, or any cases for that matter. Mr. T. J. Fitzpatrick (Cavan): My reference to the Courts of Justice Act was meant to suggest to the Taaiseach that that Act conferred a right of audience on solicitors in every court up to the Supreme Court. The Taoiseach: I know what the Deputy meant. Mr. T. J. Fitzpatrick (Cavan): This would suggest to me that the idea was that solicitors should be encour- aged to practise in all these courts and that this practice of instructing barristers in every fiddling case in the District Court seems to be entirely contrary to the spirit of that Act. Listing of Court Cases Mr. Ryan asked the Minister for Justice whether the Rules of Court Committee or any other body has recommended that the lodgment of post cards with notices of trial be made compulsory in all cases in the Dublin Circuit Court so that parties on record may receive direct notice through the post of the listing of á case; if so, when such recommendation was made and when it is proposed to act on it; and if he will state the date of introduction of the present voluntary scheme. Minister for Justice (Mr. O'Malley): As far as I am aware, no such recommendation has been made. The present voluntary scheme operating in the Dublin Cir- cuit Court in relation to civil actions was introduced by arrangement with the Dublin Solicitors' Bar Ascociation in 1965.

estates of deceased persons relating thereto; and to recommend the legislation that, in the Committee's opinion, is necessary and dcsrablc to consolidate and amend the law. Date set up: 23rd August. 1962. Cost to date: £2.255. (Note. A corresponding figure of £2.650 given in reply to a Dáil Question on 5th August, 1971, was incorrect. The correct figure at that date was £2,190). Report: The Committee's report is at present being prepared but it is not known when it will be available. LANDLORD AND TENANT COMMISSION Terms of Reference: The following were the initial terms of reference of the Commission: 1. To inquire into the working of the law relating to landlord and tenant (other than the Rent Restric- tions Act, 1960) and to recommend such amend- ments, if any, in the law as the Commission thinks proper. 2. to furnish an interim report of the provisions relating to the grant of new tenancies under Part 111 of the Landlord and Tenant Act. 1931. and on any other aspects of the law which in the opinion of the Commission should be given priority. These terms of reference were subsequently extended as follows: 3. to investigate and report on— (a) whether any persons other than those given the right to a reversionary lease by the Landlord and Tenant (Reversionary Leases) Act, 1967, should be given such right, and (b) whether any persons, other than those given the right to purchase the fee simple by the Land- lord and Tenant (Ground Rents) Act, 1967, should be given such right; 4. to investigate and report on whether lessees holding their dwellings from local authorities under tenant purchase schemes should be given the right to purchase the fee simple of their dwellings. Date set up: 20th January. 1966. Cost to to date: £3,340. Report: The Commission have furnished two interim reports which have been published in December, 1967, and June, 1968. respectively. It is not known when further reports will be available. Certain of the recommendations made by the Com- mission. including those relating to the grants of leases to sports organisations, formed the basis of legislation included in the Landlord and Tenant (Amendment) Act, 1971. A further Bill has been introduced to implement the bulk if the remaining recommendations. 29th February, 1972 District Court Prosecutions Mr. T. J. Fitzpatrick (Cavan) asked the Taoiseach if he will arrange that prosecutions in the Dublin Metro- politan District Court will be conducted by solicitors; now many additional solicitors in the Chief State Solicitor's Office will be necessary to discharge the work in place of barristers; and if he will recruit the necessary additional solicitors. The Taoiseach: Prosecutions are dealt with by the Attorney General in the exercise of his functions under Article 30 of the Constitution. The arrangements for nominating couriscl to conduct prosecutions or having them done by a solicitor is a matter for him.

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