The Gazette 1964/67

Mr. Belton in Dail Eireann as the reason for delay in the Accountant's Office in the High Court that there is no undue delay on the part of the Accountant's Office adding that he was informed that such delays as do occur arise in cases where documents arc incorrect or incom plete. On January 19th the Society wrote to the Department of Justice stating that complaints have been made by the profession during recent years of delays in the Accountant's Office and that they were concerned that such delays should be attributed to default on the part of the pro fession. The Department was asked to supply information as to the present state of arrears in the Accountant's Office and for information as to any defects in presentation of applications by solicitors with details of a number of cases so that the Society might take the matter up with the solicitors concerned. The Department in their reply, a copy of which is printed on page 82 mentioned a number of defects which occur in applications for payment out of Court and which cause delay in making payments. The procedure for making a payment into the High Court may be cited as one example as the need for overhauling and simplifying the machin ery in the Court Offices. There are six steps : 1. Purchase of the form (3d.) at the nearest post office. Unlike most Government offices the necessary forms are not provided free at the counter of the receiving office. 2. The form must be taken to the Stamp brought back to the Accountant's Office and checked and then sent down to the Office in a different part of the Four Courts to be impressed with a 3/- stamp. 3. The stamped form when filled up is Central Office on a different floor involving a day's delay. 4. The form initialled by an official in the Central Office is brought back to the Ac countant's Office who issue what is known as the Privity. 5. The Privity with the defence and cheque is brought to the Bank of Ireland College Green, for lodgment. 6. The defence impressed with 7/6d. stamp duty is taken to the Central Office for filing. If Court procedure were designed on business lines the defence, notice of lodgment with a bank draft or guaranteed cheque would be sent by post to the Central Office to carry out the 81 to

LEGAL DELAY AND LAW REFORM

The Minister for Justice has recently been active both in the Bail and in a recent address to Tuairim at Limerick in answering suggestions that there is unreasonable delay in Government Departments under his control in the dispatch of public business and on the general question of law reform. It is common knowledge among members of the solicitors profession that there is serious and long standing delay in a number of Government Departments particularly in the Land Registry which is under the control of the De partment of Justice. A member of the Society recently wrote that he had achieved a new record in reaching the' twelve months' anniversary of lodgment of an application in the Land Registry without any action on the part of the Department. The dealing was still pending. Another member informed the Society that he had threatened to take legal action against the Department of Jus tice and the Land Registry for failure to issue a map having been informed by the officials that there was little prospect of issuing it because of shortage of staff. The result of the solicitor's letter was that the map was produced on the following day. This must be one of hundreds of cases in which such delays occur and the member who threatened legal action no doubt had his case taken in special priority. The state ment of these facts does not of course imply any- adverse criticism of the officials of any of the departments concerned who are making valiant efforts to overcome staff shortages and other diffi culties. The Minister in reply to a question in Dail Eireann on November 30th suggested that a sub stantial part of the delay is due to defects in the presentation of applications to the Registry. While the Council do not claim that every application presented is one hundred per cent in order and that no queries can arise there is no justification for this suggestion either that the number of defective applications are substantial or abnormal or that they contribute in any significant way to the serious state of public business due to understaffing in the Land Registry for which the Minister and the Department of Finance are responsible. The matter has been the subject of numerous communications from the Society to the Department and the Registrar of Titles. No im provement whatever has resulted in the general position. Again on November 30th the Minister for Justice stated in reply to a question asked by