575 / 736
tion wrote
to
the Minister raising
these
two
points.
The Minister replied by
letter of
the 10th
October 1970
indicating
that while no useful
discussion of the details of the proposed legislation
could take place until the Bill had been published,
nonetheless
the Statement of 3rd March was
issued to indicate the intention of the Govern
ment to provide for the protection of tenants who
by reason of having no right under the existing
law either to renew their tenancies or purchase the
fee simple might lose all claim to their properties
before the new legislation for their benefit could be
enacted and that only
the legislative proposal
relating to the second Report of the Landlord and
Tenant Commission (being those numbered 1 to 5
in the Statement) would operate as and from 3
March 1970.
In the case of the legislative proposals arising
out of the first Report of the Commission (being
those numbered 6 to 8) it was not the intention to
make the changes operative from 3 March 1970.
The Minister further indicated that if it became
clear that renewals of occupational tenancies on
unfavourable terms had been negotiated prior to
the
introduction of
the new
legislation,
the
Minister would consider the inclusion in the Bill
of a rectifying provision.
VACANCIES FOR APPRENTICES
The Council intend to compile a list of offices
with vacancies for apprentices from time to time
and members with such vacancies are requested
to communicate with the Secretary.
Two Bright Young Solicitors required for
Dublin office. Experience an asset but
persons awaiting admission or newly-
admitted solicitors would be considered.
Replies with particulars to Box A275.
NEWS OF THE MONTH
We have been honoured by the fact that our
first signed article has come from the learned
hands of the Hon. Mr. Justice Henchy, who, by
his courtesy, dignity, learning and practical experi
ence of the law, is highly regarded by all.
MOTORISTS MAY ALL GET OFF THEIR
.
PARKING FINES
Good news for the thousands of Dublin motorists
who have got parking fines in the past couple of
months came last week
in
the Dublin District
Court. The majority of motorists who have been
caught may not have to pay a penny in court
because their summonses are worded incorrectly.
This follows a decision made by Justice Donal
Kearney to dismiss all parking summonses worded
incorrectly.
Gardai have been issuing summonses to the
registered owners of cars on which tickets were
placed in accordance with the 1961 Road Traffic
Act, but the summonses have read "you did park"
instead of "your car was parked".
Last Spring there was an attempt made in the
District Court to contest a case on the form of
the summons being used, but this did not reach a
higher court because the prosecution admitted the
error in the wording.
The wording of the summonses, however, was
not changed and it is estimated that there already
is a six-month backlog of summonses that are
prepared or issued.
In some cases, the backlog is so great that
Gardai are backdating summonses to comply with
the regulation which says that summonses must
be issued within six months of an alleged offence.
The situation, as I understand it, is that Justice
Kearney will dismiss all summonses that are not
worded correctly whether the defendants know
they have a defence or not.
The other justices are not obliged to follow suit
but if the defendants contest the wording it is
likely that they will get off.
The Gardai could change the summonses but
with the enormous backlog it seems unlikely they
will even contemplate it. Also, nearly 300,000
summons forms have been printed on duplicating
machines. All these would have to be scrapped if
trie wording were changed.
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