The Gazette 1974

gal Aid

.1 would like to refer to legal aid. As Deputies

be aware, we have had since 1965 a statutory

neme of legal aid in criminal matters and for

some years past legal aid has also been given in

beas corpus

cases under an informal arrangement

between the Attorney General and the Minister

Finance, where the High Court or the Supreme

ourt recommends the grant of legal aid. In the

p imi nal

Procedure

(Amendment) ' Act,

1973, I

,°°k the opportunity of extending the statutory scheme

two important respects—firstly, to make legal aid

p l i a b l e for the hearing in the court of sentence where

n e

accused has been sent forward for sentence—and

0 r

any subsequent appeal against sentence—and,

condly, to make legal aid available for all preliminary

j:*aminations in the District Court. Previously legal aid

0 r

preliminary examinations was restricted to cases of

Murder. Legal aid in civil as well as criminal matters is

Nowadays universally regarded as a fundamental human

!ght and I have always felt that civil legal aid must

ome here sooner or later.

**e are probably the only member of the Common

arket which does not provide legal aid in civil mat-

and, indeed, our membership of the Community

lrn

poses obligations on us to introduce a measure of

»'l '

gal aid in certain areas. This is a question to

oich I have given much thought and I have

Voided to set up an informal committee to advise

°n the introduction of a system of civil legal

- The committee will consist of representatives

' both branches of the legal profession, a re-

presentative of FLAG, officers of interested Govern-

ent Departments and the chairman will, I hope, be a

, "ge. The precise terms of reference and the member-

_ 'P of the committee are at present being settled but I

Pect to have the committee established and working

Ver

Y shortly.

w^h is is an opportune moment to pay tribute to

vv' K

v o , u n t a r

organisation of law students who,

h some professional assistance, have been operating

e c e n t

years a legal aid and advice service. These

. 'oents deserve the highest praise for the very valu-

le work which they are doing in an area of social

d. As I stated in the opening part of this speech,

grant of £5,000 per annum to FLAC is now pro-

I °sed as an earnest of the Government's recognition of

t h e

' r work.

*Wn t Legislation

ÍA °

e n t

^ S ^ a t i on includes the Criminal Procedure

V^ endmen t) Act, 1973, the Charities Act, 1973, the

Auctioneers and House Agents Act, 1973, the Genocide

» 1973, and the Courts Act, 1973, and I hope to be

Producing several other Bills in the very near future.

1 he Committee on Court Practice and Procedure

^ntinues with its most valuable work, and I take the

Pportunity to thank its members. They could be for-

5*ven for thinking that the lack of action in regard to

Hany of their reports denotes a certain ingratitude.

««Ports of the committee not yet implemented deal

•th jury service, the criminal jurisdiction of the High

°Urt, appeals from conviction on indictment, proof of

•

^vious convictions, the interest rate on judgment

£ "is, the jurisdiction and practice of the Supreme

^ °Urt, the organisation of the Courts, the liability of

nsters and solicitors for professional negligence, the

^Nnes-on-the-spot" system, court fees and the execution

Honey judgments, orders and decrees. The matters

dealt with in these reports are being examined and

I hope to introduce amending legislation, where neces-

sary, in due course.

Recommendations on De:ertion

I extended the terms of reference of the committee

to include such matters, including matters of substan-

tive law, as the Minister for Justice might from time to

time request the committee to examine and I asked

them at their early convenience to examine and make

recommendations on the substantive law as to the

desertion of wives and children, the attachment of

wages and the desirability of establishing special family

tribunals. They were also asked to examine at the same

time the legal procedure in regard to maintenance of

spouses and children, affiliation, declarations of legiti-

macy and guardianship and custody of children. I am

glad to say that the committee have completed their

investigations and, as I said at the recent AIM Seminar,

I expect to have their recommendations in the very near

future. After publication I will be available to interested

persons and organisations for discussions on the report.

Drafting of amending legislation will then commence

as a matter of urgency.

Landlord and Tenant Commission

Two separate reports dealing with different subjects

have been presented by the Landlord and Tenant Com-

mission. The first report deals with the renewal of

occupational tenancies under the 1931 Landlord and

Tenant Act. The commission's second report deals with

extensions of the rights of renewal and of outright

purchase given by the Landlord and Tenant Acts of

1958 and 1967 to what may best be described as

ground rent tenants. The second report covered

inter

alia

the renewal of the tenancies of sports clubs in

certain circumstances. Certain of the recommendations

in the commission's second report, including those deal-

ing with the grant of a new type of lease to sports

clubs, have already been implemented, with some modi-

fications. in the Landlord and Tenant (Amendment)

Act, 1971. A comprehensive Landlord and Tenant Bill

has been drafted on the basis of the two reports of the

commission that I have mentioned. I hope shortly to be

in a position to submit this Bill to the Government for

approval with a viéw to its introduction.

In recent months I have had discussions with repre-

sentatives of tenants in Cappoquin, County Waterford.

I have also had representations from tenants in Marino

Crescent, Clontarf, Dublin. Both the Cappoquin tenants

and the Marino tenants feel that there are anomalies

in the law which adversely affect their interests. I

advised these tenants to put their cases before the

Landlord and Tenant Commission and I understand

that the commission are dealing with both cases. When

I have the commission's recommendations I will be in

a position to consider the question of changes in the

law.

Compensation Scheme for Persons injured in Violent

Crimes

The Government have now approved of a detailed

scheme of compensation. Briefly, compensation will be

payable by a tribunal for personal injuries received in

the course of crimes of violence. The injuries must

merit an award of at least £50 and must have been

sustained since 1 October 1972. Compensation will be

on the basis of common law damages. I am now in

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