The Gazette 1996

GAZETTE

P R E S I D E N T ' S

M E S S A G

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A Breach of Trust?

solicitors' profession at that meeting and we are all in agreement that no such assurance was given as this would have been quite contrary to the expressed opinions of the representatives at that meeting and also in the view of each of the representatives quite contrary to the wishes of the profession as a whole. The truth of the matter is that at the meeting in question it was agreed that our differing views were accepted and that each party would, as it were, plough its own furrow without denigrating the other. Our efforts in lobbying the members of the Oireachtas adhered strictly to that agreement and at no time did we in any way seek to be critical of or to undermine the Bar. The fact that the Bar Council also extensively lobbied in similar fashion is conveniently overlooked by them. ! The members of the Bar through their chairman James Nugent have in my view quite unfairly and totally without justification repeatedly accused the membership of the solicitors' delegation of breach of trust and have compounded that statement by placing a notice on the board of the Bar Library confirming the allegations and also bringing the matter to public notice in the newspapers. I, on my part, have sought to meet with the Bar representatives by corresponding with them and seeking a discussion of the matter with a view to reaching an amicable conclusion, but so far have failed to receive any positive reaction and the allegations remain in place. I regret very much that the Bar Council have seen fit to allow the matter drift in this fashion, but I will continue to endeavour to minimise the adverse effects it is having upon relations between the two professions. I would hope that when my next message is published, that the impasse will have been successfully overcome.

profession will be aware that solicitors now have a right of appointment to the Circuit Court and on serving four years therein to appointment to the Higher Courts. The committee set up under the Act to make recommendations for these appointments is now in place and the profession will be represented thereon by Tom Shaw, Solicitor of Mullingar, a former President of the Society. Since the pre-Christmas meeting of Council you will be aware of the decision of Council with regard to admission to the Law School. The decision to make all aspirants sit an Entrance Examination has been taken in the context of achieving a requisite standard for admission to the profession. This is the sole criterion for this decision and it is felt that there is now a level playing field for all students from whatever educational background. It is to be hoped that this will bring to an end the long running difficulties in the educational area and that we can look forward to success in both the under-graduate and post- graduate sectors. Might I again bring to your attention the report of the Review Working Group and remind you that the agreed Special General Meeting to report back to the membership will take place in Blackhall Place at 6.30p.m. on Thursday 7 March, 1996. There is still time for you to make submissions on the Report as received and I would ask you to give the matter your immediate attention. Council will hold a special meeting in February to discuss the report at length and its findings will be brought to the membership at the said Special General Meeting. May I in closing, if somewhat belatedly, wish each and every one of you a happy and prosperous year.

Andrew F. Smyth k is with regret that I commence my first message to you in 1996 with a question which might well be rhetorical depending on one's viewpoint. However, I feel it is incumbent upon me to clarify the Position relating to what has now become common knowledge i.e. a breakdown in communication between the Law Society and the Bar Council. It has been alleged by the members of the Bar Council who attended a haison meeting with the Society's representatives on 22 November 1995 that following this meeting the Society's representatives collectively a nd individually were in breach of trust in that they pursued a determined lobby of members of the Oireachtas a n d pressed for an amendment to the Courts and Court Officers Bill t h e r e by members of the solicitors' Profession would be eligible for a PPointment as judges in the Higher Courts, and in doing so they breached ar > assurance given at the said meeting that no such steps would be taken by the Society's representatives. This allegation is totally and utterly without foundation.

Andrew F. Smyth

Since the coming into force of the Courts and Court Officers Bill the

There were in all nine members of the

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