The Gazette 1987

GAZETTE

APRIL 1987

did not touch on the "Charge Sheet" procedure, where the Charge Sheet represents the "writ- ten complaint" of the prosecuting Garda to the District Justice before whom the arrested person is first brought. If the receiving of the "complaint" by the District Justice is a "judicial" act, then is there a duty on the Justice to "consider" that complaint before receiving it, and does that coincide with the ac- tual procedure always followed in the District Courts? The fact is that the criminal pro- cess today should not be depen- dent on an Act of 1851. We welcome the Minister's announce- ment (Seanad Eireann, December 1 9, 1986) that the Department of Justice "had for some time been working on proposals which would adopt procedures to bring them more into line with modern conditions." I refer to our recent discussion regarding complaints which you are receiving about delays in the issue of copy folios with filed plans attached. The overall position is as follows. In 1986 we received 63,447 ap- plications. We issued 63 , 372 copies. The average output was 5,281 copies a month, the total ar- rear at the end of the year was 1,887 applications, representing 8 days' work on the basis of the average output. In January 1987, 4,750 applications were lodged and 4,928 copies issued. The total arrear at the end of January was reduced to 1,709 applications. These are the bald statistics which show that in an overall sense the position is reasonably satisfactory. However, the statistics disguise the fact that there are significant delays in some cases. The system of issuing copy folios with filed plans attached was in- troduced throughout the Registry during the years 1979-1 981. Prior to 1979 where the Land Registry index map was on the 6 " scale copy maps were prepared and issued on the 6 " scale which was a source of continuous complaints from solicitors. Under the new system where an application for a copy map is received and the index map is on the 6 " scale, the relevant part of the index map is recon- Mr. James J. Ivers, Director General, The Law Society, Blackhall Place, Dublin 7. 24th February, 1987 Dear Mr. Ivers,

inclusion in the book. I undertake to consider them all but, at this stage, I must also say that I can- not undertake to reply to them for obvious reasons. I must also say, with great regret, that I cannot enter into correspondence concer- ning problems which practitioners have on hand. I know practitioners

structed on the 2 5 " scale, a copy is attached to the folio and the ap- plicant gets what appears to be a simple photocopy but in reality is a copy of a document which re- quired a lot of mapping work before the copy could be made. Sometimes examination of Land Commission estate maps and, possibly, special surveys are in- volved before the reconstruction from 6 " to 2 5 " can be completed. In the circumstances long delays in some cases are unfortunately unavoidable at present. In addition to the reconstruction work which is being carried out a map is attached to each new folio being opened. The aim is that even- tually maps on the largest available Ordnance Survey scale will be at- tached to all folios. The issue of copies will then be a straightfor- ward photocopying operation with minimal delays. At present we can ! meet only about 50% of the de- ! mand in this way but the propor- | tion is increasing each year j according as our reconstruction | programme progresses, j We try to keep the spread of ar- rears and delays consistent throughout the country. Whenever ! we find that there are disporpor- tionate delays in a particular area we redeploy staff to rectify the position. I hope the above information clarifies the situation for you. Yours sincerely, P. McMahon, Manager. The Director General, Incorporated Law Society of Ireland, Blackhall Place, Dublin 7. 16th March, 1987 Dear Sir, My new book on Probate and Administration is now substantially advanced. In it I attempt to deal with all aspects of Probate Law, Practice and Procedure, including guidelines on administration of estates and some elements of tax. It is intended to be as practical as possible and so I have included in it topics which have been raised w i t h me over the years by members of both branches of the profession. I would now be grateful to hear from any practitioner with pro- posals about particular topics for Land Registry, Chancery St., Dublin 7.

will understand. Yours faithfully, Eamonn G. Mongey, Ashleigh, Carrickbrennan Rd.,

Monkstown, Co. Dublin. Tel. 806248

The Editor, Law Society Gazette, Blackhall Place, Dublin 7. 5th March, 1987 Dear Sir,

Children and parents need holidays and the need is greater when a child in the family is men- tally handicapped. The child benefits by a change from its everyday environment; the child's parents benefit from a similar break. BREAKAWAY is a scheme whereby parents with a happy nor- mal family take a mentally handi- capped child into their home for a fortnight during the Summer while the child's parents have a break. The Host family's legal respon- sibilities for the child are covered by a contract between the Agen- cy placing the child, the natural parents and the Host parents. A qualified Social Worker and respon- sible Medical Officer are on call in the unlikely event of need during the hosting period. BREAKAWAY has operated suc- cessfully in several areas in Ireland for five years and an effort is being made by Social Workers in mental handicap agencies to increase the number of families willing to be Hosts. Parents of the child who is to have a holiday and parents who are con- sidering acting as Hosts meet to exchange information before any decision is made. No financial com- mitment is incurred by either side; funding, where necessary, is made available through BREAKAWAY resources. Members of the legal profession are earnestly asked to give con- sideration to acting as Hosts in work which is contributing to better understanding of mentally han- dicapped children and the eventual absorbing of these young people I into a wider community life.

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