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Correspondence
McCann Fitzgerald Roche & Dudley
Rue de Namur, 82
1000 Bruxelles
15th May, 1975.
Dear Mr. Gavan Duffy,
I should be grateful if you would publish a correc-
tion to some errors and omissions in my discussion of
of the Van Binsbergen case published in the April
1975 Gazette.
Some printer's gremlin inserted the words "sole and
curious" in the first full sentence on page 76. Although
it was surprising that the Irish Government argued in
that case that Artcles 59 and 60 should not be directly
applicable since the Court had already held, in the
Reyners case, that the comparable Article of the
Treaty relating to freedom of establishment was
directly applicable, nonetheless, the Irish Government
produced respectable arguments in favour of its view.
Indeed the Court adopted the compromise solution
which Ireland proposed. I feel therefore that the
insertion exaggerates the peculiarity of Ireland's
position.
Some lines were omitted from the following sentence
which should have read:
"The Irish Government, surprisingly in view of the
Reyners Decision, argued aganst the direct applic-
ability of the Articles, but stated that, if the Articles
were found to be directly applicable, their direct
applicability should be confined to the prohibition
on restrictions based on nationality or residence—
the abolition of other restrictions should be dealt
with by directives."
Yours sincerely,
Gerald Fitzgerald.
Office of the Minister for Social Welfare
Dublin 1.
30th May, 1975.
Dear Mr. Ivers,
Wi th further reference to your letter regarding de-
lays prising in the distribution of Estates after Grant
of Probate, I find that the type of crse you refer to,
namely those in which solicitors are warned of the
possible liability of 'certain Estates for repayment of
overpaid old age pensions, is of relatively small in-
cidence. These warning letters as you are aware are
based on the outcome of the due process of adjudicat-
ion as to the pensioner's entitlement.
I also find that frequently such delays as come to
notice have their origin in factors outside the involve-
ment of my Department such as a delayed response,
on the part of a personal representative of the deceas-
ed pensioner, or his solicitor, to necessary Departmental
enquiries.
I am of course anxious to co-operate in eliminating
the kind of delay in question and if you are good
enough to send me specific examples of the type of
case you have in mind I will have these examined in
depth.
Yours sincerely
Brendan Corish
Mr. J. J. Ivers,
Director General.
Valuation Office,
6, Ely Place,
Dublin 2.
13 June, 1975.
W. G. Bradley & Sons,
11 Lower Ormond Quay,
Dublin 1.
19th May, 1975.
FEES FOR SUMMONS SERVERS IN THE
DISTRICT COURT
Dear Mr. Ivers,
The National Prices Commission has authorised an
increase in the fee to be paid to a Summons Server
for the service of any Summons, Civil Process or other
originating document or any other document, to be
the sum of 70p, payable upon proof of each separate
Service effected. The Increase as mentioned shall come
into effect as from 2nd June, 1975.
This refers exclusively to the Service of documents
in the District Court, and perhaps you would kindly
arrange for publication of this, in the Gazette.
Yours sincerely,
R. Knight.
Dear Mr. Ivers,
I am very appreciative of the congratulations and
good wishes conveyed in your letter dated 4th instant.
We can arrange to meet and talk about the problem
of delays as soon as possible.
I have already taken action in this matter since my
appointment. Wi th mutual co-operation between your
members and the Valuation Office, I have high hopes
of dealing expeditiously with this problem.
If you could let me have the reference numbers of
any particular cases that are causing difficulties (wc
identify by Serial number) before you come in to see
me, I will have them investigated to find the cause
of delay.
I would like to point out that faulty identification by
a Solicitor can cause considerable delay. Where the
client does not give your member sufficient informa-
ion, a photo-copy of the rate demand note could make
all the difference in identifying the property and speed-
ing up the work.
Yours sincerely
D. F. Ryan
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