The Gazette 1981

INCORPORATED LAW SOCIETY OF IRELAND GAZETTE m

May 1981

Vol. 75, No. 4

Comment. . .

In this issue . . .

I T is with a feeling of envy that we observe the attempt of the Law Society of England and Wales to achieve an. amendment to the Supreme Court Bill, the effect of which would be to entitle certain solicitors to be appointed to the High Court Bench in England and Wales. Envy because, for ten years now, solicitors of ten years standing have been entitled to be appointed Recorders in England and Wales and, after three years service as Recorders, have „ been entitled to be appointed Circuit Judges. The amendment which the Law Society of England and Wales is advocating would provide that only Barristers of ten years standing or Circuit Judges would be entitled to appointment to the High Court Bench. The present provision only entitles Barristers of ten years standing to be so appointed. It is ironical that while solicitors in England and Wales do not have the same comprehensive rights of audience in all the Courts, which since 1971 have been conferred on solicitors in the Republic of Ireland, the entitlement of appointment as Circuit Judges has been more readily conferred there than here. From time to time it is said that one reason for the reluctance of the members of the solicitors' profession here to exercise their rights of audience in the higher Courts has been an apprehension that the exercise of such rights would be viewed with disfavour by certain judges. The view has been expressed that, until such time as solicitors, or solicitors who have been District Justices for a number of years, are seen to be entitled to be and are in fact appointed to the Circuit Court bench, the fear of indications of disfavour by some members of the bench will persist, even if the fear is an unreasonable one. The solicitors' profession has made great strides in recent years, not least in its education and training programmes, both prior to and after qualification and its members hold many positions of responsibility in the public, political and business fields. Many solicitors have served with distinction, in the most adverse circumstan- ces, as Justices of the District Court, since the foundation of the State. Approaches to the Minister for Justice requesting an amendment to the present Courts Bill to permit the appointment of solicitors as Judges of at least the Circuit Court have not apparently been successful. It is time that the solicitors' profession took more active steps to pursue this aim so that it may more clearly be seen that solicitors are not in the "second-class" in the practice of the law. •

Comment 75 Insurers at Bay — Repercussions of Gammell v. Wilson 77 Family Home Protection Act: Evidencing Spouse Consent 79 Consent of Minor Spouse 79 For Your Diary 79 The Tachograph - "The Spy in the Cab" 81 Bills of the Oireachtas 1981 83 Completion before Assurance 85 Court and Excise Stamps 85 Quote 85 Fees payable to Commissioners for Oaths 85 SADSI - Inaugural Meeting 87 Book Note 88 IBA 88 Apprenticeships 88 Professional Information 90

Executive Editor: Mary Buckley Editorial Board: Charles R. M. Meredith Chairman John F. Buckley William Earley Michael V. O'Mahony Maxwell Sweeney Advertising Liam Ó hOisin Manager: Telephone: 305236

The views expressed in this publication, save where other wise indicated, are the views of the contributors and not necessarily the views of the Council of the Society. Published at Blackhall Place, Dublin 7.

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