The Gazette 1992

MARCH1992

GAZETTE

p R A C T 1 C E

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0 T E S

"1. The Scheme applies to the following forms of litigation (which are not covered by Civil or Criminal Legal Aid): (i) Habeas corpus applications. (ii) Bail Motions. (iii) Such Judicial Reviews as consist of or include Certiorari, Mandamus or Prohibition. (iv) Applications under section 50 of the Extradition Act, 1965. 2. The purpose of the Scheme is to provide legal representation for persons who need it but cannot afford it. It is not an alternative to costs. Accordingly, a person wishing to obtain from the court a recommendation to the Attorney General that the Scheme be applied must make his application (personally or through his lawyer) at the commencement of the proceedings. 3. The applicant must satisfy the court that he is not in a position to retain a solicitor (or, where appropriate, counsel) unless he receives the benefit of the Scheme. To this end the applicant must provide such information about his means as the court deems appropriate. 4. The court must be satisfied that the case warrants the assignment of counsel and/or solicitor. 5. If the court considers that the complexity or importance of the case requires it, the

for the time being, applied mutatis mutandis.

Transfers Between Associated Companies

1. Where there is more than one applicant, but only one matter is at issue before the court, the solicitor and counsel assigned shall represent all the applicants."

The Revenue Commissioners have prepared a form of draft statutory declaration in order to obtain relief under Section 19 of the Finance Act, 1952, as amended, for transfers between associated companies. This draft statutory declaration is available from the Stamps Adjudication Office of the Revenue Commissioners, Dublin Castle or from Eileen Brazil, Secretary of the Taxation Committee of the Law Society.

Criminal LawCommittee

Family Home Protection Act, Powers of Attorney

The Conveyancing Committee receives many queries as to whether it is safe to accept the completion of a consent under the Family Home Protection Act executed by an agent on foot of a Power of Attorney. The committee is satisfied that a person can execute any document on foot of an appropriate Power of Attorney as fully and effectively as the grantor of the Power of Attorney could execute it himself. This clearly includes the execution of a consent under the Family Home Protection Act. Ideally the form of Power of Attorney should be specifically drafted to include reference to the giving of a consent for a specific transaction although, clearly, a properly drafted general Power of Attorney would be adequate. As in relation to all Powers of Attorney the Committee repeats its warning to make the giving of the consent a principal power under the Power of Attorney and not an ancillary one. Solicitors should also think twice before agreeing to accept an appointment under a Power of Attorney to give a consent unless they have the clearest possible instructions - preferably in writing. Again, solicitors should take care lest (Continued on page 100) 97

Taxation Committee

Attorney General's Scheme

The Attorney General's Scheme was first referred to in the case of Application of Michael Woods [1970] IR154. Counsel for the AG confirmed to the Court that in certain circumstances the AG would defray the legal costs of a person who could not afford to pay fees. The Office of the Attorney General has now sent to the Criminal Law Committee of the Law Society a copy of the scheme and we publish same below. We would draw practitioners' attention in particular to clause 2. General's Office in relation to the adequacy of fees payable under the scheme. At the moment fees payable are running at approximately one- third of the fees that solicitors would be paid if costs were awarded to them. The Committee are at present consulting with the Attorney

recommendation for counsel may also include one senior counsel.

6. The costs payable to the solicitor, and the fees payable to counsel, under the Scheme are those which would be payable in a case governed by the Criminal Justice (Legal A i d) Regulations current

The Attorney General's Scheme

The provisions of the Attorney General's Scheme in the High Court and Supreme Court are as follows: