The Gazette 1982

JULY/AUGUS T

1982

GAZETTE

BOOK REVIEW The Law of Local Government in the Republic of Ireland by Ronan Keane, Senior Counsel — Judge of the High Court, Dublin. The Incorporated Law Society of Ireland. £17.50 + £1.55 p. & p. This book is very welcome and is another example of the Author's outstanding capacity for work. Mr. Justice Keane has written a most useful, reliable and practical book that will appeal to Lawyers, Adminis- trators and Students and is likely to become the standard work in its field. Judge Keane describes the organization of Local Government in the Republic with some reference to its historical development. There is a brief and perceptive account of the Management System and the relationship of the elected Members with the Manager and his officials and of the division of functions between them. The various powers and duties of Local Authorities in relation to Roads, Sanitary Services, Housing and Planning are treated in some detail and the underlying legal principles are explained clearly and accurately. There are two outstanding chapters on Compulsory Acquisition of Land and the Assessment of Compensation. There is a valuable exposition of the law relating to Rating and Audit and there are extensive Appendices. The first point that strikes one is the wealth of reference to decided cases, English and Irish, reported and unreported. The handling of the case law is most impressive. The principles are clearly stated and set out with admirable brevity, but it is evident from the numerous citations that the Author has undertaken onerous researches and heavy labours so as to lighten the task of his reader and to make easily and conveniently available all the essential references, especially the modern Irish references. The book is written in a modest, unassuming, self- effacing style, but this does not conceal the Author's wide knowledge and exceptional powers of clear and cogent exposition and analysis. His approach is practical and pragmatic — the sources are decided cases, rather than academic discussion or theoretical speculation. He treats problems as they arise and as they are dealt with in the decided cases and avoids conjecture and surmise. There are a number of particularly good things in the book. For example, the treatment of the law about dangerous buildings and the difficult case of The State (.McGuinness) -v- McGuire on Page 107, is most enlightening and a good instance of the Author's use of effective and appropriate quotation from the words of the judgment. Similarly, the account of the law about Planning Applications and Permissions and the Conditions that may (and may not) be attached to them is accurate, clear and

comprehensive and very closely directed to the diffi- culties that arise in actual practice. There are interesting indications that in his judicial capacity, Mr. Justice Keane may be open to argument on such matters as the doubtful status of Section 4 Resolutions directing a Manager as to how he should decide Planning Applications, and the possibility of challenging confirmed Compulsory Purchase Orders, even after the expiration of the statutory three weeks. He is also interested in escaping, if he cap, from what may be called the second leg of the decision of the Supreme Court in Frescati Estates -v- Walker , which requires an applicant for Planning Permission to have ownership or at least the consent of the owner and which can give rise to practical problems both for developers and planning authorities. Local Government Law is changing so rapidly that even this book has to some extent been overtaken by events. The Fire Brigades Act, 1940 is gone, Building Bye-Laws must be on the way out and the Rateable Valuation system itself is holed, if not sinking. I should have liked to see a more detailed treatment of Tenant Purchase Schemes and of loans and mortgages under Section 39 of the Housing Act, 1966, and the former Small Dwellings Acquisition Act, as these are important features of the everyday activity of Local Authorities and are not without legal interest and problems. The relationship between local and central authorities in such matters as finance, staffing and personnel, land acquisition and disposal, general policy and administrative discipline are other areas where I should have welcomed the enlightened guidance of the learned Author. The Dublin Corporation Act, 1890 is printed, more or less in full, as an appendix. It is doubtful if it is worth its place. The Act is not extensively availed of or well known, even in Dublin. Section 88 was roundly castigated for obscurity by Black J. in Dublin Corporation -v- Keyes [1947] I.R. 299, but otherwise the Act has been little noticed or employed in modern times. The book is accurately printed in very legible type, there is a good Index and the whole production is thoroughly creditable. In summary, a very successful and worthwhile book that can be highly recommended to anyone interested in Local Government. W. DUNDON

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