The Gazette 1996

GAZETTE

AUGUST/SEPTEMBER 1996

N E W S

Report on Council Meeting held on 26 July, 1996

The following is a brief summary of the meeting of the Council of the Law Society on 26 July, 1996. 1. Newly-appointed Circuit Court Judges The three newly-appointed solicitor Circuit Court judges, John F. Buckley, P. Frank O'Donnell and Michael White were in attendance at the beginning of the Council meeting and were welcomed by the President, who expressed confidence that each would do the profession proud in administering justice in the circuit courts. On behalf of the Council and the profession, the President wished the new judges well in their careers on the bench. On behalf of all three judges, Judge O'Donnell conveyed their appreciation to the current Council and its predecessors for their many years of campaigning to secure amended legislation providing for the appointment of solicitors to the Circuit Court bench. He urged the Society to continue its efforts to secure further appointments and gave a commitment that the right of audience of all lawyers before the courts would be respected by the new judges, equally and without fear or favour. The three judges received a prolonged standing ovation from the Council prior to their departure. 2. Elections to the Council The Council fixed Thursday, 10 October, 1996, as thefinal date for receipt of nominations of candidates for the annual and provincial elections and Thursday, 7 November, 1996, as the close of poll date for the annual and provincial elections for 1996/97. 3. Motion - Lawyer/Client Privilege "That this Council reviews the policy of the Society with regard to lawyer/ client privilege generally and the powers of the Society in particular".

This motion was adjourned to the September Council meeting so that the implications of the previous day's Dail passage of amendments to the Criminal Justice Act, 1994, could be assessed. 4. Abrahamson Case The Chairman of the Education Committee reported to the Council on the High Court judgment of 15 July, 1996, in the judicial review proceedings brought by 811 law undergraduates against the Society. He explained that the High Court had found in favour of the Society's contentions (a) that the Bloomer judgment had effect against all the world and not simply the parties to that case, and (b) the applicants in Abrahamson did not have a right to be consulted by the Society in relation to the Society's policy decisions. However, the applicants had a legitimate expectation that exemptions from the FE-1 would be granted and that "exceptional circum- stances" existed, which would permit the Society to exercise its discretion to grant exemptions to the applicants. While, as a matter of law, the court could not require the Society to exercise its discretion to grant exemptions, the Society had been directed to consider exercising its discretion to do so. The Council discussed thefindings of the court and the Society's concerns about standards. The Chairman of the Education Com- mittee thanked the Council members for their views, which would be taken into account at the meeting of the Education Committee which was to be held imm- ediately following the Council meeting. The Council adopted the resolution which had been passed at the Special General Meeting of the Society held on the previous evening, as follows: "That - (a) the Society should complete the purchase of the Hendrick Place property; 5. Outcome of Special General Meeting

(b) any capital expenditure on a new Law School should come before a General Meeting of the Society as soon as may be practicable; (c) in the meantime, all necessary work should proceed in relation to the proposed new Law School (whether consultative, architectural, in relation to planning permission etc.) in order that the Society may avail of tax incentives". On a separate issue, it was noted that the item of special business, which would have allowed existing Past Presidents of the Society to attend Council meetings until November 2000, had been rejected by the General Meeting. Accordingly, the Past Presidents' privilege of attendance at Council meetings, other than for three years following their last election as a Council member, had now ceased. The disappointing level of attendance at the Special General Meeting was remarked on and the Council agreed that consideration should be given to amending the Bye- laws to provide for voting by proxy. Council in detail on the provisions of the Criminal Justice Act, 1994, as amended by the Disclosure of Certain Information for Taxation and Other Purposes Bill, 1996, which had been passed by the Dail the previous day. He explained that, under the pre-existing provisions of the 1994 Act, the Minister for Justice was empowered to designate professional bodies, including solicitors, for the purposes of the Act. During his Second Stage speech on the Bill, the Minister for Finance had stated that solicitors, among others, would shortly be so designated. Designation would require solicitors to retain documents and materials concerning the identification of clients for use as evidence in the investigation of any offence and would also require solicitors to report clients to the Garda 6. Criminal Justice Act, 1994 The Director General briefed the

Proposer: James MacGuill Seconder: Hugh O 'Neill

230