Previous Page  364 / 736 Next Page
Information
Show Menu
Previous Page 364 / 736 Next Page
Page Background

be changed to enable account to be taken in bail

applications of the previous bad character of an

accused and the views of responsible police officers

that there is a likelihood of further criminal acts

if the accused is on bail pending trial. As far as

safeguarding the liberty of the individual is con

cerned, I would like to emphasise that what I

propose is fully in accordance with the funda

mental principles of penal law laid down in 1961

by the International Commission of Jurists. I

might also mention that what I propose is in line

with provisions in recent British legislation on the

subject. I am, of course, aware that there are

constitutional difficulties involved in the framing

of the particular legislation required but I am

confident that these difficulties can be overcome.

The Landlord and Tenant Commission, who

have so far presented two reports dealing with

specific issues, are now engaged on their main

work, that is to say, a review of the whole law

of landlord and tenant other than the Rent Res

trictions Acts. This work will,

I hope,

lead

ultimately to a single statute which will modernise

and consolidate the statute law on the subject.

I am sure that not only the legal profssion but

the public generally will be at one with me in

looking forward to the day when we can set out

in a single enactment a statement in modern terms

of the whole statute law on the subject of landlord

and tenant. The task which the commission have

undertaken is an onerous one, but we can be

confident that the resulting legislation will well

repay the work involved.

In the meantime the Government have already

approval of my proposals based on

the com

mission's first report and a draft Bill has been

prepared. I hope to bring my proposals based on

the second report before the Government in the

near future. The first of these reports deals with

the renewal of occupational tenancies and calls

for the amendment of parts of the 1931 Landlord

and Tenant Act. The second deals with extensions

of the rights of renewal and of outright purchase

given by the Landlord and Tenant Acts from

1931 to 1947 to what may be called ground rent

tenants. It deals

inter alia

with the^renewal of

sportng club tenancies and the rights of local

authority tenants. I propose to amalgamate my

proposals in the draft Bill on occupational tenan

cies with my proposals based on the second report

and to bring one comprehensive measure before

the Oireachtas. This will call for the repeal of

al the Landlord and Tenant Acts from 1931 on,

and for the re-enactment of the surviving portions

of those Acts together with new provisions based

on the commission's recommendations. The pro­

posals which I hope shortly to put before the

Government will represent a useful step on the

road to the major achievement of a single land

lord and tenant code.

The Circuit Court Rules Committee are revising

and consolidating the circuit court rules and I

understand that they have made considerable

progress with this task. In addition they have

prepared draft rules dealing with procedures under

the Succession Act, 1965, the Local Government

(Planning and Development) Act, 1963, and the

Landlord and Tenant (Ground Rents) Act, 1967.

The Superior Courts Rules Committee drafted

two sets of rules dealing respectively with con

tentious and non-contentious probate business,

which are necessary under the Succession Act,

1965. These drafts were examined and certain

amendments which were suggested to the com

mittee are being considered.

County Tipperary and Offaly (Birr Division)

Sessional Bar Associatinn

At the Annual General Meeting of this Asso

ciation the following Officers and Committee were

elected for the Session 1969-70.

President—Martin T. Butler, Thurles.

Hon Secretary—John Carrigan, Thurles.

Hon. Treasurer— Martin T- Butler, Thurles.

Committee—Michael C. Black, Nenagh; Michael

O'Meara, Nenagh; Patrick F. Treacy, Nenagh;

John C. Devitt, Roscrea; A.

I. Cunningham,

Templemore; John J. Nash, Templemore; Donal

G. Binchy, Clonmel; Francis Murphy, Clonmel;

Thomas J. Reilly, Clonmel; Kieran T. Flynn, Tip

perary; Robert A. Frewen, Tipperary; Miss Joan

Kelly, Tipperary; Richard D. Kennedy, Tipperary;

William F. O'Connell, Tipperary.

BEECHING PLAN FOR JUDGES

A judicial system which was created for the

conditions of early medieval England and Wales

is hardly likely to remain appropriate for the

twentieth century. The Royal Commission on

Assizes and Quarter Sessions, appointed almost

three years ago under Lord Beeching, has now

published proposals in a commendable report. The

pity is that such a review was not undertaken

many years earlier.

The present pattern of courts and the rising

crime rate have combined to produce often inor

dinate delays in both civil and criminal business-

Civil actions are frequently postponed because of

the need to clear the backlog of criminal work.

81