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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."
Mr. James J. Ivers,
Director General,
The Law Society,
Blackhall Place,
Dublin 7.
24th February, 1987
Dear Mr. Ivers,
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-
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.
Land Registry,
Chancery St.,
Dublin 7.
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
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
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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