Dáil Éireann debate -
Tuesday, 22 Jun 1926

Vol. 16 No. 14

IN COMMITTEE ON FINANCE. - VOTE No. 26—LAW CHARGES.

Mr. BLYTHE

I move:—

Go ndeontar suim ná raghaidh thar £49,018 chun slánuithe na suime is gá chun íoctha an Mhuirir a thiofidh chun bheith iníoctha i rith na bliana dar críoch an 31adh lá de Mhárta, 1927, chun costaisí Coir-Phróiseacht agus Dlí-Mhuirireacha eile, maraon le Deontas i gcabhair do Chostaisí áirithe is iníoctha amach as Rátaí Aitiúla do réir Reachta.

That a sum not exceeding £49,018 be granted to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1927, for expenses of Criminal Prosecutions and other Law Charges, including a Grant in relief of certain expenses payable by Statute out of Local Rates.

The principal increase, I think, is under sub-head D—Payments to Prosecutors. There is a sum of £10,000 shown as against £5,925 6s. for the payment of expenses of prosecutors and witnesses. The increase is due to the fact that claims for recoupment are in arrears in many cases and the provision made includes recoupment for two years in respect of a large number.

Mr. JOHNSON

I would like the Minister to give some explanation under sub-head A of the change in the form of presentation of this Vote. I see that the Law Officer is provided with additional legal assistance valued at £650. Previously he was provided with an assistant who was paid £650, and that did not warrant any special call upon the assistant's services. That is to say, he did not get prior claim of any kind on his services. It was more or less a retaining fee, but a change has taken place and there is simply a sum which may be distributed, I presume, amongst quite a number of legal assistants. Perhaps the Minister will give some explanation of the change.

Mr. BLYTHE

I think that there is no real change in practice, that it will work out that the one individual selected by the Attorney-General will actually receive this £650 for assisting the Attorney-General. As much of the Attorney-General's work is of a very personal character, it was thought desirable that an appointment should not be created but that some person should receive a fee, a sort of compounded fee, for giving legal assistance to the Attorney-General. If an appointment were now to be made the appointment would have, of course, to be made by means of the regular machinery, even though it were a part-time appointment. There must be a sort of close personal collaboration and confidence between the Attorney-General and the person who is to assist him in this particular manner. While it will work out in practice that the money will really go to one person, it was thought desirable that the Attorney-General should have discretion to change over to a separate person if he liked, or if matters of a particular kind arose, that he should not have them dealt with by the person who would normally assist him but bring in some separate person with some special knowledge. I think as a matter of fact they will be normally dealt with by one person.

Mr. GOOD

There is just one question I would like to ask under sub-head A. I presume the law officer referred to is the Attorney-General?

Mr. BLYTHE

Yes.

Mr. GOOD

Does he get any fees in addition to a fixed salary?

Mr. BLYTHE

No.

Mr. GOOD

Under any other sub-head?

Mr. BLYTHE

No.

The PRESIDENT

No, nor any other payments either.

Mr. GOOD

I notice in regard to the bonuses, that the bonuses for the coming year will amount to £1,200 as against £627 for the past year. Will that arise from the change in the appointment or how will it arise? There is an increase of 100 per cent. there by way of bonuses. Perhaps the Minister will give some explanation of it.

Mr. BLYTHE

Some part of it would arise from the fact that there is an assistant draftsman who will be paid bonus. That would account for about £200. I could not at the moment account for the full sum.

Mr. JOHNSON

There are two assistant draftsmen.

Mr. BLYTHE

One of them was there last year; now there is a second one.

Mr. GOOD

As against that, may I point out to the Minister that owing to the change from the fixed salary to an assistant, an additional legal assistant——

Mr. BLYTHE

No. There is no bonus there. In fact there are two assistant draftsmen. One of them was at an inclusive figure and is now on a salary with bonus. Then there is a second appointment.

Mr. JOHNSON

As to the appointment of assistant draftsman, I would certainly like to have the Minister's explanation. We somehow managed to pull through with one draftsman less over the years of stress, and now when we are promised a little less stress in the nature of Bills, we have to get an assistant. I quite realise that in view of the very heavy work the draftsman had for the past two or three years, even a very long rest would be justified. I do not know whether that is the explanation, but I think some explanation is required as to why an additional draftsman is needed this year when the amount of prospective legislation is smaller than it was for the previous years.

Mr. BLYTHE

For one thing we would have no draftsman at all if we had tried to carry on much longer as we were. In regard to the work this year we have had actually to send Bills to outside barristers to get drafted. For instance, the Land Bill which has just been introduced had to be sent out. Previously we had to send out a number of other Bills, and that is regarded as undesirable because the knowledge of the whole subject which should exist in the draftsman's office does not exist if amendments or regulations are required later. It is felt that, as a matter of fact for a very long period, there will be need for at least three draftsmen. For instance, there is a monumental Bill dealing with merchant shipping which is in course of preparation, and that will occupy the whole time of the draftsman for a year or two—for quite a considerable time.

Mr. JOHNSON

This is the Bill which is to be introduced in the autumn?

Mr. BLYTHE

As a matter of fact, the draftsman has been on it for a very considerable time. I think by the time it is introduced he will have been certainly a year on it, and perhaps, like the Industrial Property Bill, by the time it is passed with amendments he will have been a second year on it.

Vote put and agreed to.