The Gazette 1984

GAZETTE

JULY/AUGIJST

19

Ma n y topi cs at Ha l f - year ly Meet ing

T HE need for High Court jury trials in Tralee, and for a Court Registrar for the second Circuit Court for criminal cases in Cork were among the points raised at the Incorporated Law Society of Ireland half-yearly general meeting in the Hotel Europe, Killarney, on May 4/5, 1984. Welcoming the meeting to Killarney, the President of the Kerry Bar Association, Mr. Donal Browne, said that the holding of these meetings at country venues resulted in closer ties between the Council and Administration with country members. Representation of the local Law Society on the council resulted in members at local level getting reports of the Council of the Society and developing an appreciation of its many activities. Commenting on the situation in Kerry, he said that every location in the country had its own problems; in Kerry there was great scenery, but unfortunately people could not eat it. On the other hand, the land was poor and in many cases not properly transferred for many years. This resulted in a low volume of conveyancing work and, at the same time, a considerable amount of difficulty for solicitors in the area. From the point of view of reflecting the local opinion, the Kerry Law Society found that its active participation in the affairs of the Council was most useful. Mr. Browne also paid tribute to the President and the Director-General for the work they had undertaken on behalf of the members. Formal proceedings The notice convening the meeting was taken as read and adopted. The Minutes of the Annual General Meeting, held on 18th November, 1983, which were published in the January/February 1984 issue of the Gazette, were taken as read and signed by the President. On the proposition of Mrs. Moya Quinlan, seconded by Mr. D. Binchy, the following were appointed as Scrutineers of the Ballot for the Council for 1984/85: Messrs. L. Branigan, G. Doyle, J. R. C. Green, E. McCarron, A. J. McDonald, P. C. Moore, P. D. M. Prentice and R. T. Tierney. President's Tribute Before making his address to the meeting, the President, Mr. Frank O'Donnell, referred to the death of Mr. Paddy McEllin, of Claremorris, a member of the Council. He paid tribute to the service given by Mr. McEllin to the profession over many years. The members stood in tribute to Mr. McEllin's memory. The President thanked Mr. Browne, President of the Kerry Law Society, for his welcome and encouraged other Bar Associations, which were not represented on the Council, to face up to the challenge of having somebody elected. He emphasised the importance of direct liaison between the local Bar Association and the Council of the Law Society. The President then delivered his address to the meeting. A copy of this address is filed with the Minutes.

Retirement Fund The Chairman of the Finance Committee, Mr. T. Shaw, reported on the present situation of the Retirement Fund, which was established in 1975. The current value is approximately £3.5m. and the increase in the past year was 30%. The average annual increase in the Fund over the nine year period was 35.6% which was free of tax. Approximately 63% of the total Fund was invested in Ireland and the major external investments comprise E.E.C. fixed interest bonds, Japanese and U.S. equity investments representing approximately 25% of the entire Fund, with the balance of approximately 12% invested in the U.K. The number of members participating in the Fund had increased over the year, notwithstanding the very young age profile of the profession. Mr. Shaw referred to the tax advantages to be gained from partici- pation in the Fund and recommended that members liaise with their own accountant in determining the maximum level of 'tax free' contributions. He also drew attention to the Income Continuance Plan organised for the Society by Irish Pensions Trust Ltd. Audits/Investigations The Director General referred to a letter dated 11th April, 1984, received from Mr. T. C. G. O'Mahony, Dublin 2, contending that the Society was offending an important safeguard for members of the profession under the Solicitors' Acts 1954-1960, by arbitrarily directing and insisting that its accountant employee carry out audits/investigations of members' books, records and files and with a full disclosure of findings to members and other officials of the Society, such disclosure, including unrelated personal matters contrary to the intention and spirit of the said Acts. Mr. O'Mahony asked that that matter raised be considered at a Special Meeting of the Society to be convened by the Council. The suggestion of calling a Special General Meeting was not supported. It was agreed that Mr. O'Mahony be written to informing him that his proposal did not receive support at the General meeting and that the letter was taken as "Read". Problem for Kerry Mr. Louis O'Connell referred to the need for High Court Jury Trials in Tralee. As he saw it, the Cork doctors were going to charge more and more for going to cases in Limerick. He felt strongly that the ordinary person in Kerry was entitled to some consideration of the matter in High Court actions. The President said he was familiar with the lengthy delays in the High Court List in Cork. He understood that at the last sittings, there had been some improvement. The Limerick situation was good but, locally, there was a fear of backlog building up, due to the unsatisfactory situation in Cork. As far as Dublin was concerned, the High Court List was being "eaten up" at a rapid rate. The Society had made representations regarding the provision of a High Court in Tralee, but the most effective way to make representations was probably through An Tanaiste, who was a local T.D. 133