The Gazette 1996

GAZETTE

MARCH 1996

'Come to Cork' - Conference 1996 By now you will have received your brochure and booking form for the Annual Conference. Do consider attending this year. This year's new-look conference has something for everyone. You will see from the programme that the conference has a distinct international flavour, with Cajun and French gourmet cuisine, a workshop on Eastern European opportunities and the option of attending the acclaimed music and dance extravaganza, Riverdance. And all at the unbelievably low cost of £220 per person. So, complete the booking form and return it to Mary Kinsella at the Law Society as soon as possible. It is also possible to attend the conference on a non-residential basis - contact Mary for further information. HI REPORT OF COUNCIL MEETING HELD ON 8 MARCH (Continuedfrom page 61) Society rulings and advice on what constitutes either compliance or non-compliance with Section 68 in specific circumstances; (b) to devise and implement a Law

any purported fees incurred in connection with the submissions which were submitted to this court which do not bear the hallmark of propriety having regard to the jurisprudence of this court and which is required in the submissions to the court which should deal in an objective manner with regard to the facts of the case and the issues of law involved and any authorities which would be of assistance to the court in the determination of this issue. Submissions should not be made in the terms that they were made in this case consisting of contemptuous language and unfounded allegations against not only the parties but to a very considerable extent, whether intended or not, the learned trial judge and the manner in which she conducted the case. question of costs as the basic issue in the appeal. In the High Court, all costs have been awarded against the plaintiffs. The Supreme Court found that the plaintiffs were entitled to costs on a limited basis, that is to say, the costs attributable to eight days of the seventeen-day High Court hearing and somewhat less than half of the costs of the Supreme Court appeal. The Supreme Court expressly upheld the High Court findings that allegations made on behalf of the plaintiffs against the integrity and bona fides of the Law Society were completely unfounded. The Supreme Court criticised aspects of the plaintiffs' case including the unnecessary length of time that it took in the High Court, the unfounded allegations of bad faith against the Law Society and the propriety of the written submissions to the Supreme Court. The Supreme Cou r t 's decision did not alter in any way the main consequence of the High Court decision, namely that all persons henceforth seeking admission to the Society's Law School must sit and pass the eight law subject entrance examination (the 'FE-1'). • Comment As is clear from the above, the Supreme Court identified the

VIEWPOINT Continued from page 53

to introduce this scheme in respect of twelve hour detention has not been remedied in this Bill which proposes to introduce 168 hour detention. • The Bill does not introduce the safeguard of audio-visual recording of interrogations during the 168 hour period or the other recommendations of the Martin Report. • No Garda Stations have adequate facilities for the humanitarian detention of persons for periods of 168 hours. • The Bill does not require the Chief Superintendent to state the reasons for the initial detention in writing. • There is no provision for legally aided representation of persons without means who are before the Court prior to charge. • Preliminary proceedings in the Courts could be reported in the media. There is a consequential risk that potential jurors could be prejudiced against an accused. The Minister for Justice is under intense public pressure to be seen to 'do something' about the alarming increase in drug-related crime. The Law Society supports 16 of the 17 measures set out in the programme she unveiled last July. The detention provisions of the Criminal Justice (Drug Trafficking) Bill 1996 have not been justified by the Minister, however, and even at this late stage should be withdrawn.

Society campaign to promote compliance with Section 68. Compliance should be promoted not merely on the basis that solicitors should always seek to comply with the law hut also on the basis that compliance is genuinely in the best interests of solicitors' relationships with their individual clients.

It was agreed that it was necessary to establish this committee and that it should be chaired by Terence McCrann. 11. Other business Council approved certain technical resolutions in relation to compulsory professional indemnity insurance. Council also approved the nomination of Mr. Noel McMahon, Chief Executive of the Advertising Standards Authority of Ireland, as a lay member of the Registrar's Committee. • Ken Murphy

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