The Gazette 1975

Correspondence

Office of the Minister for Social Welfare Dublin 1. 30th May, 1975.

McCann Fitzgerald Roche & Dudley Rue de Namur, 82

1000 Bruxelles 15th 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

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.

Mr. J. J. Ivers, Director General.

Valuation Office, 6, Ely Place, Dublin 2. 13 June, 1975.

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 174

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.