The Gazette 1973

Dear Sir, The strong and fully-justified criticisms by Senator Robinson and Dr. O'Higgins of the Offences against the State (Amendment) Act, 1972, as reported (January 18th), omit two vital points. The Act allows the opinion of a Garda officer to be "evidence" of certain criminal offences. The O Bradaigh case shows that a man can be convicted when the only evidence is the "opinion" of a garda. That case, there- fore, goes much further than the Act and treats an unsubstantiated and uncorroborated opinion as proof beyond reasonable doubt, the standard of proof re- quired in criminal cases. Whether correct in law or not, ths is an even more objectionable interpretation of the Act than was feared. Since the Act makes it possible to jail a man on the bare opinion of the gardai, without any trial as the word is normally understood outside totalitarian coun- tries, it has in effect introduced internment by another name. But it is internment by the Executive with a veneer of respectability provided by the judiciary, the judges have been unfairly saddled with the duty of being a cloak for Executive action, thereby comprising their constitutional independence. The present Government has a disgraceful record of weakness and failure to enforce the existing laws against the I.R.A. But it has also been responsible for the most insidiously objectionable laws in the history of the State. Anyone concerned with civil liberties and the rule of law should support any organisation which will cam- paign to have the 1972 Act repealed, or all the Offences against the State Acts limited to operate for a year at a time. Yours, etc., John Temple Lang (Dublin).

be registered unless the purchaser/lessee also lodged a letter from their office consenting to the registration of the lease. I saw one of the legal assistants and pointed out that the mortgagees had been paid off and that there was a note on the folio cancelling the inhibition which had been put on the folio and formally demanded that my client's papers be accepted for registration. This was refused after the Registrar had been consulted in the matter. I have had to take back my client's papers and have now to write to the lessors solicitors asking them to arrange that the mortgagees solicitors withdraw their letter to the Registrar and make the Land Certificate available to the lessors. I do not know how long I will have to wait. The reason for the above impasse is that apparently if a solicitor lodges a Land Certificate whether for the registered owner or a mortgagee for a particular trans- action or with a direction or general inhibition no note of this inhibition or whatever is attached to the folio therefore no solicitor knows of it until he lodges his client's papers for registration. This could lead to a very serious situation for any solicitor. I have today given instructions that no dealing in which the Land Registry is involved is to be completed until the original Land Certificate has been produced to me or inspected in the Land Registry. I am writing this letter to you as a warning to other solicitors of what can happen. P.S.—I have never had much faith in the Land Registry Folio, now it is clear it may not be relied on. Yours faithfully, Bergin and Burke, Solicitors, 118 St. Stephen's Green, Dublin 2.

Judge O'Dalaigh explains Role of European Court Continued from page 71

colleague in the court has spoken of this as a synthesi- sation of national laws. This is what the court is endea- vouring to do—not to rub out one approach or other, but to harmonise and synthesise the various national approaches, always bearing in mind what must always be a supreme principle for any judge, that justice shall be done. —The Irish Times (12 January 1973) NOTICE In the Editorial note on page 41 of the February Gazette it was erroneously stated that the Editor was prepared to publish suitable comments quali- fying the legislation if submitted. This should have read "suitable comments about the legis- lation".

who was also a great European, George Gavan Duffy, has a phrase somewhere in one of his judgments—it may have been in the famous Ballybunion case—in which he refers to the Common Law as—what was it? —"A rude monument to the ancestors of another people." The Common Law in Ireland exists with and subject to the Constitution, which is a very important modification, I think, because one of the principles of the Common Law is the supremacy of Parliament. One of the principles of our Constitution is that Parliament is subject to the Constitution, and there are various guarantees of personal and other rights that are of great importance to Irish citizens, if they look to enforce them. So that an Irish lawyer's contribution in this, I think, would be different from the contribution of an English or Scots lawyer; he comes more with an Ameri- can outlook, if one wants approximate terms, which is really wider ranging and less confined, I would think, with great respect to my new colleagues on the other side, then perhaps their approach. A good friend and

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