The Gazette 1964/67

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 Government Publications Sales Office, G.P.O. Arcade, Dublin 1, or through any bookseller. Price 2/6. The Report is available from