The Gazette 1994

GAZETTE

APRIL

1994

of the Law Schools in the Universities had produced a paper arguing in favour of this view. He believed that the Law Society was under pressure to respond to this. The Council took the view that it would not be possible to formulate a concrete response before the outcome of the Solicitors (Amendment) Bill, 1994, but that the Society should continue to defend its own role in the professional training of solicitors. The Chairman of the Education Committee reported to Council that some universities were now seeking exemption from the FE-1 for new law degrees they had introduced, for example, mixing law and languages. The Education Committee, he said, was disposed to exempting the degrees subject to a proper system of certification being in place i.e. that the universities would certify that the course content was in accordance with the syllabus laid down by the Law Society. The Council decided that this matter needed further consideration and it was adjourned to the next meeting. Elma Lynch, Chairman of the Parliamentary Committee, reported that the Consumer Credit Bill was currently being debated in Dail Eireann. The Bill had been examined by the Company Law Committee and a submission had been made to the Department of Enterprise and Employment. In particular, representations were made concerning the definition of "mortgage intermediary" in section 96 of the Bill as there was concern that solicitors might fall within the definition. There was similar concern about the definition of "credit intermediary" in section 2. She reported that the Society had sought an exemption for solicitors from the scope of both definitions. Consumer Credit Bill

they had pointed out the difficulties the Society foresaw in trying to devise a system of capping compensation awards that would be fair or workable. The Society had discussed a number of other measures that could be taken to reduce the cost of insurance in this country. The President and the Director General had reiterated fully the Society's opposition to any proposals to limit compensation awards. The Director General also reported that he and the President had met with the Irish Congress of Trade Unions. It had been a useful meeting and the ICTU officials had made it clear that they were not in favour of reducing compensation levels but had indicated that they were seeking a change in the law so that compensation payable to a worker would not be reduced where it was found that the worker had contributed to an accident by his own negligence. They favoured in principle the introduction of a no-fault system of compensation. The Council considered three motions which had been set down by members j of the profession for debate under special business at the Half-yearly General Meeting which would be held at the Annual Conference of the Society on 12 May. It was noted, in relation to the first motion, which I subscription/registration fee for the current year, that the accounts for 1993 had been finalised and were being circulated to all members of the profession along with an explanatory memorandum from the Chairman of the Finance Committee. Commenting on the second special business motion, which sought to discuss any change of annual contribution to the Compensation Fund whereby different classes of solicitors would contribute at different rates, the President of the Society noted that at the Committee Stage of the debate on the Solicitors (Amendment) Bill, 1994, there would be a motion from the Opposition to sought to discuss the substantial increase in the membership Half-Yearly General Meeting of the Society

delete section 30(2) of the Bill that would permit the Society to prescribe different rates of contribution to the Fund in relation to any class of solicitor. The President noted that it was the policy of the Council to oppose different rates of contribution to the Fund. The third motion of special business sought to discuss the concept of fee- sharing arrangements between solicitors and persons not qualified to practise as solicitors. The Council noted that there continued to be strong opposition in the profession to the introduction of provisions that would permit the establishment of multi- disciplinary partnerships. a B e t t e r l i g h t a c a n d l e t h a n c u r s e t h e d a r k n e s s Muriel O'Donnell, Solicitor, is involved in fundraising efforts to provide aid in Bosnia. She writes: "Richard Hunt and Martin Keogh are both unemployed professional drivers. Early last year, having watched on television the horrific scenes in Bosnia, they bought a 12 year old ambulance, filled it with supplies donated by the public and drove it into the middle of the war zone. They have now completed six deliveries of much-needed aid and are planning a seventh journey as soon as sufficient funds can be raised. Medical supplies are extremely scarce. A bottle of Calpol (used to treat fever in children) can fetch £70 on the black market. Antibiotics are like gold dust. A fund-raising effort is under way. A quiz night will be held in the Presidents' Hall, The Law Society on 18 May at 8 pm (£24 per table of 4). Please send what you can to Non-Stop Aid, Bank of Ireland, Rathcoole, A/c No. 41328723, sort code 901298."

Proposal To 'Cap' Personal Injury Awards

The Director General reported on a meeting that he and the President had had with an official of the Department of Industry and Commerce, at which

Muriel O 'Donnell, Solicitor.

•

132