446 / 736
Bill is being drafted and will be published as soon
as possible after drafting has been completed-
Mr. Tully : Would the Minister be able to give
any idea as to when he thinks this Bill will be
before the House ?
Mr. J. Brennan: I should like to have it through
before the completion of the summer recess.
Unit Trusts
Mr. M. O'Leary asked the Minister for Industry
and Commerce if he will give further details of the
scheme to introduce unit trusts in an effort to
develop the home market.
Mr. G. Colley: The promotion of unit trusts is
not a matter for me. I propose, however, to intro
duce a Bill in the near future providing for the
registration, in the public interest of unit trusts
engaging in business in this country. It will be
necessary for the managers and trustees of such
unit trusts to be incorporated in the State and have
a place of business in the State. The Bill will also
provide that I will have power to make orders
imposing requirements on unit trusts which will
safeguard the interests of investors and also ensure
that a minimum proportion of the funds will be
invested in this country.
Committee on Court Practice and Procedure
Mr. Ryan asked the Minister for Justice when
action will be taken to
implement the recom
mendations of the eighth interim report of the
Committee on Court Practice and Procedure ;
why consultations with the professional and other
bodies concerned have not taken place; if he is
aware that the situation disapproved of by the
Committee has constantly worsened since April,
1968 ; and if he will make a statement on the
matter.
Minister for Justice (Mr. Moran): The eighth
interim report of the Committee on Court Practice
and Procedure contains recommendations on:
(1) Service of court documents by post, and
(2) Fees of professional witnesses.
As regards (1), recommendations for legislation
on this subject are at present before the Govern
ment in connection with proposals for a new
Courts Bill.
As regards (2), the Government have recently
authorised me to arrange for the implementation
of the recommendations in the report regarding
the determination of fees of professional witnesses
allowable on taxation of party and party costs. The
committee's recommendations on this subject are
as follows:
(a) There should be no specific fees for pro
fessional witnesses prescribed by Rules of Court;
(b)) The fees to be allowed on party and
party taxation should be measured with due
regard to the evidential value of the witness's
testimony, the time actually spent in court, the
financial loss incurred, etc.;
(c) The sums allowable should be a reason
able indemnity to the party, but any scale of
fees set by a professional body to be charged by
its members in connection with litigation should
not be regarded as in any way binding in taxa
tion as the appropriate fee;
(d) Meetings should be held at regular inter
vals between the Taxing Master and the pro
fessional association for a periodic review of the
trend in professional fees;
(e) The existing practice on taxation of dif
ferentiating between allowances for the fees of
professional witnesses on the basis of the juris
diction of the court in which the evidence was
given should be continued.
The Superior Court Rules Committee have been
asked to make the necessary rules to implement
the recommendations; and I have consulted the
Taxing Master in regard to
the arranging of
regular meetings between him and the professional
association for the informal review of professional
fees.
EASIER LEGAL AID URGED FOR
THE MIDDLE CLASS
Middle income earners suffer hardship under
existing legal aid regulations, according to a report
published recently.
The constantly rising costs of private legal
representation means a " denial of justice for
increasing numbers of middle-class people," the
report says.
They could not afford to pay for legal repre
sentation in court and their income and capital
made them ineligibe for legal aid or liable to pay
a heavy contribution. The report, published by the
Cobden Trust, which
is
associated with
the
National Council for Civil Liberties, recommends
that it would be a great advance if the formal
financial limits for legal aid in civil cases were
abolished.
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