198 / 250
GAZETTE
JULY/AUGUS
T
1982
BOOK REVIEW
The Law of Local Government in the Republic
of Ireland by Ronan Keane, Senior Counsel —
Judge of the High Court, Dublin. The Incorporated
Law Society of Ireland. £17.50 + £1.55 p. & p.
This book is very welcome and is another example
of the Author's outstanding capacity for work. Mr.
Justice Keane has written a most useful, reliable and
practical book that will appeal to Lawyers, Adminis-
trators and Students and is likely to become the
standard work in its field.
Judge Keane describes the organization of Local
Government in the Republic with some reference to
its historical development. There is a brief and
perceptive account of the Management System and
the relationship of the elected Members with the
Manager and his officials and of the division of
functions between them. The various powers and
duties of Local Authorities in relation to Roads,
Sanitary Services, Housing and Planning are treated
in some detail and the underlying legal principles are
explained clearly and accurately. There are two
outstanding chapters on Compulsory Acquisition of
Land and the Assessment of Compensation. There is
a valuable exposition of the law relating to Rating and
Audit and there are extensive Appendices.
The first point that strikes one is the wealth of
reference to decided cases, English and Irish,
reported and unreported. The handling of the case
law is most impressive. The principles are clearly
stated and set out with admirable brevity, but it is
evident from the numerous citations that the Author
has undertaken onerous researches and heavy labours
so as to lighten the task of his reader and to make
easily and conveniently available all the essential
references, especially the modern Irish references.
The book is written in a modest, unassuming, self-
effacing style, but this does not conceal the Author's
wide knowledge and exceptional powers of clear and
cogent exposition and analysis. His approach is
practical and pragmatic — the sources are decided
cases, rather than academic discussion or theoretical
speculation. He treats problems as they arise and as
they are dealt with in the decided cases and avoids
conjecture and surmise.
There are a number of particularly good things in
the book. For example, the treatment of the law about
dangerous buildings and the difficult case of
The
State (.McGuinness) -v- McGuire
on Page 107, is
most enlightening and a good instance of the
Author's use of effective and appropriate quotation
from the words of the judgment. Similarly, the
account of the law about Planning Applications and
Permissions and the Conditions that may (and may
not) be attached to them is accurate, clear and
comprehensive and very closely directed to the diffi-
culties that arise in actual practice.
There are interesting indications that in his judicial
capacity, Mr. Justice Keane may be open to
argument on such matters as the doubtful status of
Section 4 Resolutions directing a Manager as to how
he should decide Planning Applications, and the
possibility of challenging confirmed Compulsory
Purchase Orders, even after the expiration of the
statutory three weeks. He is also interested in
escaping, if he cap, from what may be called the
second leg of the decision of the Supreme Court in
Frescati Estates -v- Walker
, which requires an
applicant for Planning Permission to have ownership
or at least the consent of the owner and which can
give rise to practical problems both for developers
and planning authorities.
Local Government Law is changing so rapidly that
even this book has to some extent been overtaken by
events. The Fire Brigades Act, 1940 is gone, Building
Bye-Laws must be on the way out and the Rateable
Valuation system itself is holed, if not sinking. I
should have liked to see a more detailed treatment of
Tenant Purchase Schemes and of loans and
mortgages under Section 39 of the Housing Act,
1966, and the former Small Dwellings Acquisition
Act, as these are important features of the everyday
activity of Local Authorities and are not without legal
interest and problems. The relationship between
local and central authorities in such matters as
finance, staffing and personnel, land acquisition and
disposal, general policy and administrative discipline
are other areas where I should have welcomed the
enlightened guidance of the learned Author.
The Dublin Corporation Act, 1890 is printed,
more or less in full, as an appendix. It is doubtful if it
is worth its place. The Act is not extensively availed
of or well known, even in Dublin. Section 88 was
roundly castigated for obscurity by Black J. in
Dublin Corporation -v- Keyes
[1947] I.R. 299, but
otherwise the Act has been little noticed or employed
in modern times.
The book is accurately printed in very legible type,
there is a good Index and the whole production is
thoroughly creditable.
In summary, a very successful and worthwhile
book that can be highly recommended to anyone
interested in Local Government.
W. DUNDON
OVERNIGHT
ACCOMMODATION
IN THE LA W SOCIETY
For reservations contact the Society's
receptionist at Blackhall
Place.
Tel. (01) 710711 Telex 31219
189