The Gazette 1973

and functioning of the lav/ in this country is not io lx> gravely impaired. Lectures on Community Law Meanwhile, the Society has arranged with Dr. Alfred Gleiss and Dr. Helm of Stuttgart to lecture to our members at the end of January next on a Survey of the Law of Restrictive Practices within the E.E.C., the control of Company mergers, and the manner in which patents and trade marks are operated under Com- munity Law governing restrictive practices. Both men are eminent in their respective subjects and it is hoped that as many of our members who can do so will avail of the opportunity being afforded to them to learn something about Laws that will be as relevant us next January as the Prices (Amendment) Act is to us to-day. In the development of future Community Law, our Country must play an active part. Existing Com- munity legislation we may have to accept, but we can- not afford to adopt a passive role in the years ahead unless we are prepared to see what is good in our Common Law gradually eroded by the Civil Law pre- vailing in all but one of the Community Countries. We too, have something to contribute, and it is time that we woke up to the fact. For far too long, we, as a Nation, have been bedevilled by the thought that any Nation bigger than ourselves must necessarily be able to think better, work better and possess a structure of Society superior in all respects to our own. What we need is a speedy realization of the fact that while we have a lot to learn from our new partners, they, too, can learn something from us, but the benefits that may accrue from any such reciprocity cannot and will not be achieved unless we decide now that the role we intend to play in the Common Market is going to be worthwhile and constructive and not one of mere passive acceptance. Law Reform With so many difficult and pressing problems to cope with, we admit it is not an easy matter for the Minister for Justice or his Department to find time to devise the necessary legislation that will bring up to date the many aspects of our Law which are badly in need of reform. One of the most urgent of these is that which relates to deprived and neglected children. Too often has our attention been drawn to the fundamental rights of children as guaranteed not only by our own Consti- tution, but also by the United Nations Declaration of 1959. Psychologists, Psychiatrists and dedicated Social Workers, all concerned with individual, family and social stresses and breakdowns, have repeatedly warned us that unless the child in its formative years exper- iences the security, love and care that a stable home, accompanied by adequate educational facilities, pro- vide, a confident and responsible adult is unlikely to emerge. And yet we find that in 1970 the Irish Society for the Prevention of Cruelty to Children dealt with almost 2,000 cases, involving some 6,500 children, half of whom were classified under the heading of "neglect". Two years earlier, we find over 1,000 illegitimate children being adopted under the provisions of our Adoption Act, while in the same year, over 2,000 children were committed to our Industrial Schools by parents, guardians or the Local Health Authorities or committed to these Schools through the Courts for 6

be entirely at sea; that all law was continuously evolv- ing nothing could be done before the 1st January seemed to me to be avoiding the issue. Last month I was sent the explanatory memorandum to which was attached a list of the secondary legislation of the European Community comprising some 123 pages of Regulations and Directives and an Appendix of some 4 pages giving a list of the principal enactments of Irish legislation affected thereby. Some of these give the relevant sections of the existing Acts affected, but give no clue whatever as to where the amending pro- visions of the Community are to be found. In other cases, as in the Land Act of 1963, we are baldly told this Act is affected by Community provisions regarding right of establishment in land in certain limited cases. So all you have to do is to wade through the 123 pages of regulations and directives until you find what you hope is the relevant one and then come to our library here and satisfy yourself that that is the actual regulation and the only one affecting our own laws on the subject. In my address to you last May I expressed the hope that we would not find ourselves on the 1st January next groping blindly in a muddle of conflicting laws and regulations. Our application to join the Com- munity was made a very long time ago and one would think that our Government would have had ample opportunity in the intervening years to study and, on our entry, to publish in precise detail the effect that the legislation enacted to date by the Community would have on our own domestic laws. That has not been done and the Government must accept responsibility for the muddle of conflicting laws and regulations— that I hoped would not occur—but which I now fear is inevitable for both the Public and our profession on the 1st January next. Library of European Community Law Orignally, we thought that the status of a Deposi- tory Library might be conferred on us by the Com- mission, but it now seems reasonably certain that that status will be reserved for the National Library— where all E.E.C. publications would be received. But what will be needed by all those concerned with the practice and teaching of the law is one central library where would be housed not alone the laws directives and regulations of the European Community but also its law reports and all text-books and other material relative to Community law. In addition, facilities would have to be available to enable those seeking to know the domestic laws of our eight partners to lay their hands on it. To provide adequate accommodation for such a library is a major problem; to provide trained personnel to process, catalogue and adequately staff this library is another, but the cost involved is the biggest headache of all. Talks have recently taken place between representatives of this Society, the Bar and the Universities with a view to dealing with this pro- blem and expert advice is now being sought as to the number and cost of the books that would basically be required to start this library. With that information at our command, it will be up to us, the Bar and the Universities to see if from their joint resources the co:i involved can be met. It would seem to me howeve: that either the Department of Justice or the Depart- ment of Foreign Affairs or both may eventually have to make a large contribution to the cost of equipping and maintaining this central law library unless the teaching