The Gazette 1973

THE SOCIETY Proceedings of the Council J UNE 28

The Secretary stated that he raised the matter be- cause he thought it possible that these regulations may have been annulled by later Social Welfare legislation. The matter was adjourned for further consideration. In the meantime it \Vas decided that the attention of the profession should be drawn to the position so that in case of any doubt appropriate provisions may be The Council approved a report from the Court of Examiners that in any revised system of legal educa- tion the universities should be requested to include comparative law and private international law on the course for the B.C.L. degree for solicitors' apprentices. Admission of aliens as apprentices The Court of Examiners reported that applications had been received from foreign nationals for admission to apprenticeship. It was decided that these applica- tions should be dealt with on the basis of reciprocity and that where the country of origin of the applicant will admit a citizen of the Republic to the legal pro- fession without requiring him to take out citizenship the same facilities should be extended here to the indi -vidual applicants. Letters had been written to the Swedish Bar Association and to the American Bar Association to ascertain the position in Sweden and the U.S.A. It was found that in Sweden a member of the Bar Association must be a Swedish citizen. The position in the U.S.A. varies between the different States. Admission to the first Irish and preliminary examina- tions It was decided that entries should not be accepted from applicants unless accompanied by a petition and memorial signed by the applicant and by a solicitor qualified to accept an apprentice. Restriction of places in the Law School, U.C.D. The Society was notified that the admission office at the law faculty U.C.D. had imposed a limit on the number of places to be allotted to students owing to considerations of space and lecturing facilities. The Society had been notified that approximately thirty places are available in the law school for non-degree students who are solicitors' apprentices. Of these fifteen will be filled by the law faculty at U.C.D. on the basis of merit. The remaining fifteen will be filled by nomination from the Society. It was decided that the order of priority for nomination by the Society for non- degree places will be as follows: first apprentices al- ready under indentures who have not obtained entry to the law school. Next apprentices lodging petitions and memorials in order of receipt subject to passing the first Irish and preliminary examination or being ex- empted from the last mentioned examination. Building Society terms of offer of advance A standard letter used by a building society con- 182 made in indentures of apprenticeship. Comparative law and International law

The President in the chair, also present: Messrs. Walter Beatty, Bruce St. J. Blake, John F. Buckley, John Carrigan, Anthony E. Collins, Laurence Cullen, Gerard M. Doyle, Joseph L. Dundon, James R. C. Green, Christopher Hogan, Thomas Jackson, Jnr., John B. Jermyn, Francis J. Lanigan, John Maher, Patrick C. Moore, Eunan McCarron, Brendan A. McGrath, John J. Nash, George A. Nolan, Patrick Noonan, Peter E. O'Connell, Dermot G. O'Donóvan, James W. O'Donovan, William A. Osborne, Peter D. M. Prentice, David R. Pigot, Mrs. Moya Quinlan, Ralph J. Walker. The following was among the business transacted. Preliminary examination It was proposed by motion on notice that the com- pulsory subjects at the preliminary examination should be English and Mathematics and that Latin should be an optional and not, as at present, a required subject. After a general discussion the motion was put to the meeting and declared lost by 12 votes against 11. Solicitors apprentices and Social Welfare Insurance ' The Secretary drew attention to the position which arises under the Social Welfare Acts which apparently imposes an obligation on persons employing appren- tices to make Social Welfare contributions. In the case of unpaid solicitors' apprentices the entire burden of the contribution would fall upon the solicitor unless the indentures of apprenticeship contain a covenant by the apprentice or preferably his guardian to indemnify the solicitor against such liability. Where an apprentice is not paid a salary there is no means of deducting the employee's contribution. Even where a premium is charged for the apprenticeship the amount would probably be less than the total of the Social Welfare contributions over a period of apprenticeship. In the Society's Gazette for December 1953, page 54, the following statement appears : The Council were advised that the master of a solicitor's apprentice is liable to make contribu- tions under the Social Welfare Act 1952 even although the apprentice is not in receipt of a salary. Following representations made to the Minister that apprentices other than those serving under Section 16 of the 1898 Act should be ex- cluded the Minister made the Social Welfare (Em- ployments of Inconsiderable Extent) (No. 2) Re- gulations 1953 (S.I. No. 290 of 1953). The regula- tions provide that employment other than employ- ment which is under a contract of service and is for the purpose of the employer's trade or business in any one or more employments for less than eighteen hours in a contribution week where the employed person is not mainly dependent for his livelihood solely on the remuneration received from such employment is to be excluded from the provisions as to compulsory insurance.