The Gazette 1987

GAZETTE

APRIL 1987

Industrial Engineer Quantity Surveyor Economist Occupational Therapist Speech Pathologist

V . A . T. blocks access to Cour ts

Law Reform Commi ss ion A reception was held recently to mark the appointment of Mr. Justice Ronan Keane as the new President of the Commission, as well as the appointment of new Commissioners. In the May issue of the Gazette, we intend to publish an abridged text of the address of the Taoiseach, Charles J. Haughey, T.D., and of the speech of the President. As well as Mr. Justice Ronan Keane, the other members of the Commission are: Simon P. O'Leary, former Senior Legal Assistant to the Director of Public Prosecutions; John Buckley, Solicitor, partner in Messrs. Hickey Beauchamp, Kirwan & O'Reilly, former Junior Vice-President of the Law Society; William Duncan, Senior Lecturer in Law and Registrar of Trinity College, Dublin; Maureen Gaffney, Senior Clinical Psychologist, Eastern Health Board, Course Organiser, E.H.B./ Trinity College Training Scheme in Clinical Psychology. In Brief V ) Food for Thought? In the Central Criminal Court recently, a jury returned a verdict of not guilty on a Dublin restaurant proprietor charged with falsely imprisoning a patron of the restaurant, who tendered a cheque in payment of a bill amounting to over £150.00. The defendant was alleged to have detained the customer and some of his party from 11.45 p.m. until 4.20 a.m., while argument took place concerning payment of the bill. The defendant called the Gardai who appear to have taken the view that the defendant was not entitled to detain the people concerned. The jury's verdict was unanimous, but reports so far available do not relate whether the bill was ultimately paid!

VAT, in some instances, has created inequality in the right of access to the Courts, said the President of the Law Society, Mr. David Pigot, when addressing new solicitors at the Parchment Presentation ceremony in March, "It is obvious that the imposition of VAT greatly increased the cost, to clients not registered for VAT, of legal representation and advice . . . In rough and ready terms the cost of access to the Courts for a person registered for VAT is approximately 20% less than for a person who is not. I suggest that in these circumstances the tax is discriminatory against persons who are not registered for VAT and that, as all our citizens should be entitled to equal opportunity of access to the Courts, the application of VAT to solicitors' costs is arguably un- constitutional, at least in some instances." He urged the Government to bring in legislation which would have the effect of abolishing VAT on Solicitors' Costs certainly in contentious matters in the Courts. The President added: "VAT is by far the greatest single factor in increasing the total amount of legal costs paid by insurance companies in recent years in Personal Injury Ac t i ons, a factor that has necessarily resulted in increased insurance premiums to the public at large." Commenting on conveyancing, the President said that an inhibiting factor in the transfer of property is the high level of Stamp Duty. It is on a sliding scale, but the scale has not been altered for many years. As the scale provides for a higher rate as the value of the property increases, the effect of inflation has been to increase the amount of Stamp Duty by a factor greater than inflation. " I therefore urge the Govern- ment to widen the bands, thereby reducing the incidence of Stamp Duty on residential properties in particular. This hopefully would help to stimulate what has been a very poor market for several years."

Radiographer Pastry Cook Furniture Polisher Actuary Employer Nomi na t i on Scheme: —

It really must be shown that Australia's labour pool is unable to fill the employer's needs and the vacancy must be: a) genuine. b) The employment must be full- time and permanent. c) The proposed migrant must be experienced (3— 5 years of on- the-job training). 3 . Business Mi g r a t i on This is confined to those going to Australia to expand business there. Proposed migrants must have a successful business record, feasi- ble business plans of potential benefit to Australia and sufficient capital to establish themselves. 4 . Re t i r ement Mi g r a t i on People who wish to retire in Australia must be over 55 and have adequate funds. 5 . Spec i al Eligibility Mi g r a t i on Consideration will be given to peo- ple with a record of achievement in creative or sporting activities which would be seen as benefitting Australia. 6 . R e f u g e es a nd S p e c i al Human i t a r i an Mi g r a t i on. It should be borne in mind that migration visas take a very long time to process. Readers are reminded of something which was mentioned in the earlier article —applications for a migration visa for an Irish solicitor should come from the employer in Australia. An Irish solicitor seeking to work as a solicitor in Australia has little hope of a successful outcome to his application — made through the Australian Embassy, Fitzwilton House, Wilton Terrace, Dublin2 —unless he or she marries an Australian. I am indebted to Mr. Gavin Buckley of Mallesons, Stephen, Jacques for up-to-the-minute information on the migration scene. •

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