The Gazette 1940-44

for which the public are the sufferers, and which could easily be resolved by a short amending Act or, if necessary, by Emergency Powers Order.

codification of our laws. This is a somewhat different matter than that to which I am referring, which is not a codification, but a reform and amendment of laws unsuitable to the country, and particularly unsuitable to modern conditions. As a result of the remarks I made at our last meeting, correspondence took place between the Secretary and the Department of Justice. The Secretary of the Department suggested in corres pondence that the Rule-making Authority of the Supreme Court, of which the President of this Society is an ex-officio member had full authority under -Section 75 of the Courts of Justice Act, 1936, to consider the matter and make suggestions. I requested the Secretary to reply to the letter and point out that the work involved was so considerable that it would be a very unreasonable and unfair burden to place on such a Committee which consists of the Chief Justice, President of the High Court, Judges of the Supreme Court and High Court, representatives of the Bar and the President of this Society. The only manner in which this matter could be dealt with in a reason able way would be as suggested in the Notice of Motion by the setting up of a Commission or Commissions to be presided over by a judge or other experienced lawyer, and to consist of members of both branches of the profession, representatives of the business community, of the Trades Unions and of the appropriate Gov ernment Departments. As I pointed out, it might be necessary in considering a. matter of this importance that a number of such Commissions should be set up and, in fact, it might be desirable that it would be kept, for a time at least, in permanent session, and that they would be in a position to submit ad interim reports which should be at once available to the parliamentary draughtsmen to prepare the necessary legislation. There is nothing political in this matter and there should be no difficulty in having the necessary amended acts enacted without delay. I feel certain that all the members are in agreement on the necessity of such reform, and while I know there is a conservative opinion that this may not be our business, I do feel that a Society such as ours should give a direct lead and should make its opinions felt. I am certain that if such a Commission or Commissions be set up every member of our profession will give all the assist ance in his power to enable the work of the Com mission or Commissions to be completed in as short a time as possible. It may be appropriate to offer a criticism of the method adopted in passing recent legislation, in fact, a method that has been followed for some years, by which, in various Acts of the Oireachtas, existing legislation 39

A Notice of Motion for discussion at the meeting has been received suggesting that the Society should urge on the Minister for Justice the necessity for the setting up of a permanent Law Reform Committee, consisting of members of the legal profession, with a view to having the many anomalies and archaic rules in our laws removed or revised. I presume that this Notice of Motion has been sent in as a result of the remarks I made at our half-yearly meeting in May. On that occasion I referred briefly to this matter which requires the attention of the members of both branches of our profession, and the public generally, and suggested the setting up by the legislature of a Commission or Commissions to enquire into the reform of the laws. It would not be possible within the time at my disposal, to deal with this matter at any length. For all purposes it is possible to divide the subject of legal reform into certain divisions, some of which require immediate attention. For instance, the law affecting companies in this country is now completely out of date. We are governed here by the Companies' Act, 1908, and although there has been a call from all parties concerned for the amendment and complete codification of the laws affecting companies, nothing has been done. These laws have received close and careful attention in Great Britain, and have been brought up-to-date. A Commission was appointed to enquire into and report on the Bankruptcy laws. Although the Commission reported and made recommendations, no action has yet been taken which would bring the Bankruptcy laws into line with modern conditions. There is a very urgent demand for the repeal of laws affecting charities, all of which laws are relics of the penal days, and many of these laws are treated now as being dead letters and of no effect. The descent of Real Property and also succession to intestate estates require very careful attention, reviewing and amendment. Then we have the case of the unjust will, by which a man may leave his wife and family penniless. There are many other branches of law in this country which require careful consideration, with a view to bringing them up to date, and bringing them into line with the requirements of the people of this country. All this is a matter of very considerable labour and one which it would almost be impossible to entrust to one Commission. There has been for some time in various articles in the Press, a demand for the