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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.
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.
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