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The Minister for Justice some time ago appointed
a Committee to inquire into the matter of fees
payable in the High Court, The Council is repre
sented on this Committee by two members.
We look forward, with some misgiving, to the
setting up of this Committee, having regard to
the policy of the Minister in regard to Land
Registry F'ees. Let us hope that the setting up
of the Committee by the Minister does not indicate
another upward revision of the fees payable in
the High Court. There is no reason why they
should be increased. Even from the point of view
of the Department, you will agree,
the fees
payable at present are,
indeed,
reasonable.
However, the members of the Council will con
sider very fully all matters brought before this
Committee.
With the coming of peace, and the urgent
necessity for provision of housing, particularly
in City and Town areas, we may expect that there
will be extensive compulsory acquisition of
property. Recently, his Lordship, the Lord Mayor
of Dublin, who takes such a keen interest in civic
affairs and in the well-being of our citizens, stated
that the Dublin Corporation has prepared a scheme
which will involve the expenditure of £11,000,000
for housing and street widening. This, doubtless,
will necessitate the acquisition of property on a
large scale. It is to be hoped that the Legislature
will take steps to assure that in all cases of such
acquisition,
adequate
compensation will
be
awarded to the property owner. The full market
price of the property should be paid and the
owner, who has his property taken from him,
should, at least, be put into the position that his
income is not decreased by reason of the acquisi
tion of his property. As the law stands, the local
authority may acquire property compulsorily,
almost when, and, within certain limits, where
it wishes. Undoubtedly, the Minister for Local
Government and Public Health directs an inquiry
as to the confirmation of the Acquisition Order,
but in most cases, in our experience, the Order
is confirmed. Then there is an arbitration to
assess the amount of compensation payable to
the owners. There is no appeal on the amount
of the compensation, from the decision of the
arbitrator. Frequently,
the amount of com
pensation awarded—and I have now in mind
particularly
the property owner whose
sole
income was from the acquired property—is so
small, that a very grievous hardship is caused.
The full market value of the property should be
paid ; and, in addition, where property is taken
from an owner, regardless of his wish to keep
it, his expenses in connection with the matter
should be paid to him. Frequently, in cases of
acquisition, an owner is put to very considerable
expense, and this expense is not reimbursed to
him. A measured sum is sometimes awarded,
which in nine cases out of ten, would not cover
the owner's outlay, and it is left to the owner to
pay the balance. His costs of making title to the
property are paid when the property has been
acquired by the local authority. There should be
a right of appeal in every case as to the amount
of the compensation awarded by the arbitrator ;
and this appeal, should be to the High Court of
Justice. As the law stands at present, the position
is unfair and unsatisfactory to property owners.
The Commission on Vocational Organisation
presented to the Government in 1943 a most
exhaustive and useful Report. This Report is a
matter of interest and importance to all citizens,
and the Council appointed a Committee to con
sider the Report, in so far as it affects our pro
fession. I do not know if the Government intends
to give any effect to this Report, but I feel now
that a Committee of the Oireachtas has been set
up to inquire into the method of election to
Seanad Eireann that careful perusal of this
Report by members of that Committee would be
very helpful in their deliberations. It seems to me
that the Senate could be filled—to a major part
at any rate—by representation on a vocational
basis, and I hope that this view will be taken by
the Oireachtas Committee. In my opinion, the
public generally is very interested that the method
of election to the Senate is under consideration.
The present method has caused uneasiness in the
public mind.
At the last General Meeting, I told you that
the Solicitors' Bill would shortly receive the
attention of the Executive Council. This has,
so far, not been done, because the Department
of Justice, owing to great pressure of work, was
unable to complete its consideration of the Bill.
It had, we are satisfied, other very urgent matters
to attend to. However, I believe that the Bill will
be considered by the Executive Council at a very
early date. This Council has impressed on the
Minister for Justice what the views of the Society
on the Bill are. It is hoped that in the near future
we shall have the Government's views on this
most important Bill.
The Council, during the Emergency, endeav
oured so far as they could, but without success,
to obtain petrol for country practitioners. Now,
that petrol is available to the public, it is hoped
that additional allowances will be made available
to solicitors having regard to the amount of
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