The Gazette 1971

together with a sum of £500 for each dependent child. I propose that these abatements be increased to £1,500 and £750 respectively. This will mean that where an estate passes to a widow and there are no dependent children, no duty will be payable unless the estate is over £15,300. If there are two dependent children, the effective exemption limit will be £21,400; if there are four dependent children, the exemption limit will be £28,000 and if there are six dependent children, the exemption limit will be £33,000. Complaints are often made that wealthy people can escape their due share of the burden of death duties by various avoidance measures. I am satisfied that many of these complaints are well-founded and I propose to remove some of them by strengthening the death duty code when the Finance Bill is introduced. The better-known avoidance devices include the use of private family companies where the statutory defini- tions of "companies controlled by the deceased" and of "relatives" are unduly narrow; the purchase of land outside the State; the "grant and lease back" of land; and the concessionary provisions in relation to gifts and artistic objects. In addition to dealing with these devices, I propose to revise the provisions for the artificial valu- ation of agricultural land to ensure that duty will be payable on the market value if the land is sold within six years after the death. The provisions for collection from trustees and bene- ficiaries will be widened in certain cases and the penalty provisions for failure to comply with the Estate Duty Acts will be brought up to date. These changes are estimated to yield an additional net sum of £250,000 in the current year and £1 million in a full year.

Financial Resolution No. 7—Death Duties Financial Resolution No. 7 moved by the Minister for Finance in Dáil Eireann on April 28th, as follows: (1) That in relation to gifts made on or after the 28th day of April 1971 the exemption of gifts made in consideration of marriage be limited— (a) when made by a party to the marriage or a parent or remoter ancestor of a party to the mar- riage, to so much of the principal value of the property comprised in the gift as does not exceed £5,000, and (b) when made by any other person,to so much of the principal value of the property comprised in the gift as does not exceed £1,000. (2) It is hereby declared that it is expedient in the public interest that this resolution shall have statutory effect under the provisions of the Provisional Collec- tion of Taxes Act, 1927 (No. 7 of 1927). The effect of this resolution is that estate duty will be chargeable on so much of a marriage gift made by a parent or remoter ancestor of a party to the marriage or by one of the parties on the amount of the gift as exceeds £5,000. Where the gift is made by any other person estate duty will be charged on the amount exceeding £1,000. These provisions will apply where the gift or transfer is made within five years prior to the date of death of the donor. The existing statutory exemption in favour of gifts made more than five years before the date of death will be continued. The Council have made representations to the Revenue Commissioners urging that the proposed change in the law is contrary to the public interest and accepted social policy.

Barristers likely to retain silks Questionnaires have been sent out by the Bar Council to Britain's 2,600 barristers asking for their views on the future of the Queen's Counsel system.

be a group of "senior advocates" readily available to conduct heavy and specialised cases, not being involved in preliminary proceedings or "run-of-the-mill" cases. There was no convincing evidence that the two-tier juniors and Q.C.s system caused hardship to any liti- gant, and it should be retained. Any barrister who considers himself sufficiently estab- lished can apply for appointment as a Silk. Once he is a Q.C. he cannot appear in court without a junior counsel and, because of the increased costs of his services, is likely to be brought in only in cases of particular complexity or importance. Silks will take part in the Bar Council questionnaire. Lord Hailsham last month attempted to clear up mis- conceptions about the system of selecting Q.C.s. When this year's thirty-seven new Silks were sworn in last month he said there came a time in every successful barrister's career when the drudgery, travel and late-night reading became too much for his health. "This is when a barrister ought to take Silk in self- protection." The Daily Telegraph (3rd May 1971) 63

A special committee, set up in 1966 to examine the whole question of "taking Silk", recommended reten- tion, but a minority report thought it should be abol- ished. The matter is to be settled at the Bar Council's annual meeting in July and, according to a council spokesman yesterday, there is unlikely to be any major change. Taking "Silk" has been criticised as a process sur- rounded by mystique and recently Lord Hailsham, the Lord Chancellor, denied that it was a "private honours list" open to abuse. A minority of the Bar Council's special committee believed there was no reason for two distinct ranks of counsel—Q.C.s and juniors. Silks, it was claimed, were chosen by the Lord Chan- cellor's patronage in a manner that was "wholly des- potic, however benevolent". When the Bar Council went into the matter in detail, the majority of its special committee felt there should