173 / 364
administration will be kept low but there is no
evidence in support of it and if forecasts prove
incorrect additional revenue can be obtained by
a simple turn of a screw and raising the employers
weekly payment.
The public who have recourse to the Estate
Duty Office, Land Registry and other Government
Departments are well aware of the chronic short
age of civil service staff. Delays of six, nine and
twelve months in these Departments are by no
means unusual and representations though well
received have no effect. It is at least questionable
that at a time of mounting public expenditure a
greater part of which is required for the cost of
the civil service that a measure such as this which
will expand the size and cost of the service are
justifiable on public grounds.
Criticism by lawyers of this proposed legislation
will of course be decried as stemming from self
interest. In point of fact Workmen's Compens
ation is not a large part of the average solicitor's
practice and no vital private interest arises
in
the particular case
taking the profession as a
whole as distinct from individuals. What is of
serious concern is the never ceasing efforts by the
civil service to take over the functions of the
judiciary and the legal profession of which the
present Bill is only a single instance. Other ex
amples occur
in planning procedure and
the
suggestion that the appelate jurisdiction of the
Circuit Court
in valuation matters should be
abolished. The public should be well aware that
the rule of law administered by the Courts with
the assistance of lawyers is their only protection
against bureaucracy. The
real purpose of
a
written Constitution is to protect the individual
against the State and constitutional freedom
is
in practice unreal without a strong and indep
endent legal profession to protect the individual
by taking his case before the Courts. All history
shows that the rights and freedoms of the in
dividual cannot be secured unless he can bring
his grievance to a properly constituted independ
ent Court sitting in public where justice can be
seen to be done. This Bill is further evidence of
an anti-democratic tendency in the civil service to
interpose itself between the individual and the
courts of law provided by the Constitution for
his protection and to arrogate to itself the func
tions and powers of judges to be exercised an
onymously and in secret instead of publicly and
by persons in the employment of and dependent
upon the State.
67
JURY SERVICE
The following is a summary of the recom
mendations appearing
in
the Second
Interim
Report of the Committee on Court Practice and
Procedure : —
1.
The property qualification for jurors should
be
abolished
and
inclusion
in
the
electoral
register
should
be
the
only
qualification test for jury service.
2. The following categories should no longer
be exempt from jury service :
Civil Servants (with certain reservations),
Local Government Employees (with re
servations),
Women,
Peace Commissioners,
Corporate members of the Institution of
Civil Engineers of Ireland engaged in the
active practice of their profession.
3.
An addition should be made to the cate
gories exempt by making provision for the
exemption, on application, of persons em
ployed in the Accident Offices of Insurance
Companies.
4.
Persons sworn as jurors should receive re
muneration at the rate of £2 per day.
5.
Jurors should not be summoned for a longer
period than two weeks at a time. These
two weeks should be consecutive.
6.
The fine for non-attendance as a Juror
should be in the discretion of the presiding
Judge, subject to a maximum of £10.
7. At least two weeks notice of service should
be given.
8.
Jurors should receive written
instructions
as to their duties and functions.
9.
Jurors should be entitled to choose their
own foreman.
10.
The disqualification contained
in Section
4 of the Juries Act, 1927, should be con
tinued.
Section 4 of the Juries Act, 1927, reads as
follows :—
"Any person who has been or shall be con
victed of treason or treason felony or of
any felony or of perjury shall, unless he
has or shall have obtained a free pardon
therefor, be absolutely disqualified
from
serving as a juror."
The Report is available from
the Government
Publications Sales Office, G.P.O. Arcade, Dublin
1, or through any bookseller. Price 2/6.