asked the Minister for Justice what reports were commissioned by his Department and semi-State bodies under the control of his Department in each of the past ten years; what reports were published; the total cost of these reports and in what cases the findings were implemented.
Ceisteanna—Questions Oral Answers. - Departmental and semi-State Body Reports.
50.
The answer is in the form of a statement which, with your permission, a Cheann Comhairle, I propose to circulate with the Official Report.
Following is the statement.
COMMITTEE ON COURT PRACTICE AND PROCEDURE
Terms of Reference:
(a) to inquire into the operation of the courts and to consider whether the cost of litigation could be reduced and the convenience of the public and the efficient despatch of civil and criminal business more effectively secured by amending the law in relation to the jurisdiction of the various courts and by making changes, by legislation or otherwise, in practice and procedure;
(b) to consider whether, and if so to what extent, the existing right to jury trial in civil actions should be abolished or modified;
(c) to make interim reports on any matter or matters arising out of the committee's terms of reference as may from time to time appear to the committee to merit immediate attention or to warrant separate treatment.
Date set up: 13th April, 1962.
Cost to date: £2,800.
The Committee have submitted 16 interim reports to date, as follows:
First Interim Report:
Preliminary Investigation of Indictable Offences.
Second Interim Report:
Jury Service.
Third Interim Report:
Jury Trial in Civil Actions.
Fourth Interim Report:
Jury Challenges.
Fifth Interim Report:
Increase of Jurisdiction of the District and the Circuit Court.
Sixth Interim Report:
The Criminal Jurisdiction of the High Court.
Seventh Interim Report:
Appeals from Conviction on Indictment.
Eighth Interim Report:
(1) Service of Court Documents by Post.
(2) Fees of Professional Witnesses.
Ninth Interim Report:
Proof of Previous Convictions.
Tenth Interim Report:
Interest Rate on Judgement Debts.
Eleventh Interim Report:
The Jurisdiction and Practice of the Supreme Court.
Twelfth Interim Report:
Courts Organisation.
Thirteenth Interim Report:
The Solicitor's Right of Audience.
Fourteenth Interim Report:
Liability of Barristers and Solicitors for Professional Negligence.
Fifteenth Interim Report:
On The Spot Fines.
Sixteenth Interim Report:
The Jurisdiction of the Master of the High Court.
The first ten Interim Reports have been printed, presented to each House of the Oireachtas and published. The other reports will be similarly dealt with as soon as possible.
Broadly speaking, the main recommendations of the First, Third, Fifth, Eighth and Thirteenth Interim Reports have been implemented.
BANKRUPTCY LAW COMMITTEE
Terms of Reference:
To consider and report on the law and practice concerning bankruptcy, the administration of insolvent estates of deceased persons and matters relating thereto; and to recommend the legislation that, in the Committee's opinion, is necessary and desirable to consolidate and amend the law.
Date set up: 23rd August, 1962.
Cost to date: £2,255.
(Note: A corresponding figure of £2,650 given in reply to a Dáil Question on 5th August, 1971, was incorrect. The correct figure at that date was £2,190).
Report: The Committee's report is at present being prepared but it is not known when it will be available.
LANDLORD AND TENANT COMMISSION
Terms of Reference:
The following were the initial terms of reference of the Commission:
1. to inquire into the working of the law relating to landlord and tenant (other than the Rent Restrictions Act, 1960) and to recommend such amendments, if any, in the law as the Commission think proper;
2. to furnish an interim report of the provisions relating to the grant of new tenancies under Part III of the Landlord and Tenant Act, 1931, and on any other aspects of the law which in the opinion of the Commission should be given priority.
These terms of reference were subsequently extended as follows:
3. to investigate and report on—
(a) whether any persons other than those given the right to a reversionary lease by the Landlord and Tenant (Reversionary Leases) Act, 1958, should be given such right, and
(b) whether any persons, other than those given the right to purchase the fee simple by the Landlord and Tenant (Ground Rents) Act, 1967, should be given such right;
4. to investigate and report on whether lessees holding their dwellings from local authorities under tenant purchase schemes should be given the right to purchase the fee simple of their dwellings.
Date set up: 20th January, 1966.
Cost to date: £3,340.
Report: The Commission have furnished two interim reports which have been published in December, 1967, and June, 1968, respectively. It is not known when further reports will be available.
Certain of the recommendations made by the Commission, including those relating to the grant of leases to sports organisations, formed the basis of legislation included in the Landlord and Tenant (Amendment) Act, 1971.
A further Bill has been introduced to implement the bulk of the remaining recommendations.
O'MAHONY TRIBUNAL
Terms of Reference:
To inquire into the facts and circumstances surrounding the death in Garda custody on 30th May, 1967, of Liam O'Mahony.
Date set up: 19th July, 1967.
Cost (including printing and publication of Report): £13,000.
Report: The report of the Tribunal was completed on 30th November, 1967.
COMMISSION ON THE GARDA SÍOCHÁNA
Terms of Reference:
To examine, report and make recommendations on the remuneration and conditions of service of the Garda Síochána.
Date set up: 25th September, 1968.
Cost (including printing and publication of Report): £9,900.
Report: The report of the Commission was published on 15th January, 1970.
Most of the recommendations, including all the major ones, have been implemented. The remaining ones are being considered in consultation with the Garda Representative Bodies.