The Gazette 1977

GAZETTE

submissions, in reasonably brief terms, outlining the views and recommendations of your Society should be forwarded to me as soon as possible. In view of the requirement to furnish the Committee's final recommendations 'with all convenient speed' I am to ask that such brief submissions be forwarded to reach me on or before Friday, 18th November, 1977. It would also be of assistance if you could indicate the person or persons who would be available to attend before the Committee, if the occasion arises, to enlarge upon or clarify the original' submissions. Yours faithfully, G. L. Frewen, Secretary. LEGAL AID FEES The Minister for Justice, Mr. Gerard Collins, T.D., has received the First Interim Report of the Review Committee on Criminal Legal Aid. The Report contains proposals for the settlement of the dispute about solicitors' legal aid fees and both the Minister and the Incorporated Law Society have accepted the report as a settlement of the dispute. Regulations giving effect to the recommendations, which are now being drafted, will be effective from 28 September, 1977, the date of the Committee's Report. The Report recommends an adjustment of the present fees payable to solicitors in the Circuit and higher Courts in order to restore the relativity which they had with counsel's legal aid fees up to 1975. Other recommendations are as Follows: (1) an increase from £24.50 to £27 in the first appearance fee in the District Court; (2) an increase from £12.60 to £14 in the fee for prison visits; (3) an increase from 8p to 15p a mile in the mileage rate payable to a solicitor using his own motor car; (4) recoupment of disbursements reasonably incurred. The Committee, which is under the Chairmanship of District Justice W. A. Tormey, is representative of the Incorporated Law Society, the Bar Council and the Departments of Justice, Finance and the Public Service. Issued by the Government Information Services on behalf of the Department of Justice. 20th October, 1977. GUARDIANSHIP OF INFANT AND OTHER FAMILY LAW CASES Direction given by the President of the High Court The attention of Solicitors is drawn to the necessity for ensuring that either they, their Counsel or their agents appear whenever these cases are listed in the High Court either on theirfirst return from the Master's Court or in any list for the fixing of dates. Even if the case has been disposed of and does not require to be heard by the Court or to have a date fixed for it it is necessary to inform the Court of that fact so as to have the appropriate Order adjourning the matter or having it struck out made.

Certificates of Reasonable Value and to say that he appreciates that any undue delay in issuing certificates could give rise to the type of problems you mention. I am, however, to assure you that every effort is being made to prevent any unnecessary delays in dealing with applications and issuing decisions. When the present system was introduced in 1973 an undertaking was given to the Construction Industry Federation that decisions on first applications would in general issue within 21 days of receiving all the necessary documents/information. Despite the substantial increase in applications since the Government announced the new £1,000 grant scheme in July this undertaking is being honoured — the average time taken to issue decisions in the month of September was 16 days. One must, of course, differentiate between the issue of decisions and the issue of certificates. Where unfavourable decisions are issued further correspondence normally arises involving the submission of more detailed information and in these cases considerably more time may elapse between the receipt of the application and the eventual issue of a certificate. You will appreciate that it is also important that builders should apply in good time for certificates. It is noted that no specific application involving delay is mentioned in your letter. If you wish to have any such case investigated, please furnish particulars.

Yours sincerely, G. A. Meagher.

COMMITTEE TO RECOMMEND SAFEGUARDS FOR PERSONS IN CUSTODY AND FOR MEMBERS OF AN GARDA SIOCHANA 26 Upper Pembroke Street, Dublin 2 25th October, 1977. The Secretary, Incorporated Law Society of Ireland,

Kings Hospital, Blackhall Place,

Dublin 7. Dear Sir,

As you are no doubt aware, the Minister for Justice recently appointed the above-named Committee. The terms of reference are "to recommend with all convenient speed whether, and if so, what additional safeguards are necessary or desirable for the protection against ill- treatment of persons in Garda custody, having regard to the allegations made in relation to persons held in such custody pursuant to Section 30 of the Offences Against the State Act 1939 or Section 2 of the Emergency Powers Act, 1976 and for the protection of members of the Garda Siochana against unjustified allegations of such ill- treatment; and for that purpose to seek such information as would be likely to be of assistance to them in making a recommendation as aforesaid. The proceedings of the Committee will be private and their Report will be made to the Government". Your Society would seem to be one wellfitted to furnish information likely to be of assistance to the Committee in formulating recommendations within its terms of reference. I am, accordingly, directed by the Committee to seek your co-operation in achieving this end. Written 168