The Gazette 1967/71

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CORRESPONDENCE
re: Road Traffic Bill, 1966
llth April 1967
The Secretary,
Department of Local Government,
Custom House, Dublin 1.
Dear Sir,
I am directed by the Council of this Society to
make representations to the Minister that he
should reconsider and amend Section 22 of the
Road Traffic Bill, 1966. This section proposes to
restore to the Minister for Justice a power which
was removed by Section 124 of the Road Traffic
Act, 1961, namely the power to reverse certain
Court Orders was removed for a good reason in
a driving licence. The power to interfere with
Court Orders was removedf or a good reason in
1961 and no convincing grounds have been given
for restoring it. If this measure is passed almost
every disqualified driver will lodge a petition with
the Minister, pressure will be exerted and a great
deal of official time will be wasted in dealing
with such matters.
A most serious consequence is the disrespect for
the rule of law which is encouraged by the substi–
tution of administrative procedures behind closed
doors for judicial proceedings in open court. The
Society has frequently drawn attention to the
danger of acquiescence in the erosion of the juris–
diction of the courts on which private rights and
public order depend.
It is understood that the reason given for the
present proposal is that the right of appeal to the
Circuit Court against a disqualification order is
insufficient because of the provision in Section 30
of the Road Traffic Act, 1961, that the opera–
tion of the disqualification order is not suspended
merely by the appeal. If this section were amended
so as to provide that service of notice of appeal
automatically suspends the disqualification unless
the District Justice on special grounds otherwise
directs any possible injustice would be remedied
and there would be no necessity for empowering
the Minister to interfere with an order of the
Court.
Yours faithfully,
ERIC A. PLUNKETT,
Secretary.
17th April 1967
Eric A. Plunkett, Esq.,
Secretary, The Incorporated Law
Society of Ireland,
Solicitors Buildings,
Four Courts, Dublin 7.
A Chara,
I am directed by the Minister for Local
Government to acknowledge receipt of your letter
of llth April regarding Section 22 of the Road
Traffic Bill, 1966, and to state that your Society's
representations in the matter have been noted. I
am to point out that in his reply to the Second
Stage debate on the Bill in Eireann on 5th
April last the Minister stat t he had noted
that "there seems to be a general opinion that,
despite the fact that some unintended hardship
may be caused in some cases, this power should
not be taken" and he undertook, therefore, to
"consider the matter between now and Committee
Stage and see if there is any other method by
which this can be dealt with". (Dail Debates,
No. 227, No. 6, Cols. 1033-1034).
Mise, le meas,
J. B. TlOHE.
Roinn Rialtais Aitiuil,
Tracht ar Bhoithre
Teach Dhroichead Ui Chonaill,
Baile Atha Cliath 2.
THE REGISTRY
Register A
WANTED Assistant Solicitor for Cork City firm. Good
salary and conditions. Reply stating age and experience
(if any) to Box A245.
REQUIRED for prominent Dublin solicitor's office,
recently qualified solicitor to deal primarily with con–
tentious work. State salary expected. Box A246.
CONVEYANCING solicitor also required with at least
five years experience. State experience and salary
expected. Box A247.
Register C
JAMES DOLAN deceased, late of Pullagh, Tullamore,
Co. Offaly, ob. 13th March 1967. Will any solicitor
who holds a Will or Title Deeds of the above please
communicate with Hoey and Denning, Solicitors, Tul–
lamore, on behalf of the next of kin.
PATRICK KELLY late of 30a flocking Lane, Wood-
seats, Sheffield. Will any solicitor having knowledge of
the existence of a Will made after 13th July 1965 by
the above named deceased who died on 23rd March
1967, please communicate with R. H. Beauchamp and
Orr, Solicitors, 5 Foster Place, Dublin 2.
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