The Gazette 1976

GAZETTE

January-February 1976

in costs had been submitted to the Prices Commis- sion. Professor Lees would c omme nt on this applica- tion and report to the Prices Commission. Mr. O'Maoileoin c omme n t ed that, in view of current inflation, there should be a 700% increase and not merely one of 150%. The President replied that un f o r t un a t e ly Professor Lees was not prepared to r e commend any f u r t h er increase, but that he strongly advised any memb er who wished to put forward his views in requiring substantial increases to do so as soon as possible. Mr. O 'Ma hony, having mentioned that a ma n a g eme nt c on s u l t a nt was paid £160.00 per day, asked wh e t h er the Society could have regard to the work solicitors were performing. The President in reply stated t h at he had received a full memo r a n d um on the subject from the Dublin Solicitors' Bar Associ- ation and other Bar Associations. Meetings had also been arranged t h r oughout the c oun t ry with Professor Lees who had definitely been impressed with the position, and it would be for him to report direct to the Prices Commission. It was then likely that the Prices Commission would publish an Occasional Paper on the subject. The Costs Commi t t ee would be prepared to meet all experts. A questionnaire had been sent to all firms, b ut un f o r t un a t e ly only 10% replied. The first interim Report of Professor Lees is likely to be published in January, 1976. Interim increases will be sought if there is likely to be any delay. The Report was adopted. The President proposed the adoption of the Law Clerks Joint Labour Committee Report and com- me nd ed the work of Mr. Gerard Doyle and Mr. Ray Mon a h a n. The Re po rt was adopted. Mr. Walter Beatty then proposed the following resolution: " Th at the Gov e r nme nt be requested to give priority to the introduction of the necessary legislation to remove the liability for the pay- me nt by borrowers of the lending institutions legal fees in respect of loans for residential house purchase." The Council had already sent a similar resolution to the De p a r tme nt of Justice. Mr. F r a nk Lanigan seconded it. Mr. O'Maoileoin, in opposing the resolu- tion, said t h at lending institutions did not make vast profits. Messrs. Russell and McCarron also opposed the resolution. Mr. Maurice Curran, in supporting the resolution said that, apart f r om building societies, lending institutions included b a nks and insurance companies. Mr. Rob e rt Taylor also supported it. It was essential for the Society not to get a bad reputa- tion f r om the public. Mr. Crivon thought that the public should not be asked to pay the costs of borrowing. Mr. P. C. Moo re said that although the resolution was discriminatory against building societies, he sup- ported it on the basis t h at the proposal should change completely the conditions und er which borrowers were to pay lenders' costs; the law of mortgages required to be altered completely. As a result of this discussion, Mr. M. Curran proposed and Mr. W. Beatty seconded the proposal that this resolution be placed on the Agenda of the Ordinary General Meet- ing in May, and that it be meanwhile considered by the Council. The proposal was agreed to. Mr. O'Maoileoin proposed and Mr. O 'Ma h o ny seconded the proposal t h at Mr. Gavan Duffy be con- gratulated by the memb e rs of the Society upon having completed 25 years as Librarian of the Society, and that he be t h a nk ed for the services which he had pro-

entitled to a clear indication of the position. The President stated t h at this ma t t er had been fully dis- cussed at the We s t p o rt meeting. It was essential to find a c commoda t i on for the n ume r o us apprentices, and it was impossible to hazard guesses as regards the cost. Mr. James O ' Donovan, who as President had given this undertaking, stated t h at at the time it was t hought that, if we were going to keep the King's Hospital, it would not be necessary to impose any expenses on our memb e rs t owa r ds reconstruction or maintenance. As a result of the n ume r o us apprentices, it be c ame essential to ma ke full provision for them, and the Council was compelled to change its mind. Mr. Peter Prentice reminded the memb e rs that he had stated in 1974 t h at the King's Hospital would cost the Society plenty of money, b ut the new set of circum- stances made such expenditure inevitable. The Report was adopted. The Re po rt of the Court Offices and Costs Com- mittee was proposed by the President and adopted unanimously. The adoption of the Re po rt of the Court of Examiners was proposed by Mr. John Buckley, who praised in particular the work und e r t a k en by the Education Sub-Committee. Mr. John Carrigan con- gratulated Mr. Buckley upon the achievements of the Cou rt of Examiners in the past year. The Re po rt was adopted. The adoption of the Re po rt of the Public Relations Committee was proposed by Mr. Walter Beatty, who t h a n k ed the Public Relations Officer, Maxwell Sweeney, for his services. Mr. Brendan O'Maoileoin, in referring to the new tax legislation, stated that it would be necessary to cater for an informed public. Wh en he referred to the unconstitutionality of the Criminal Law Jurisdiction Bill, Mr. Carrigan proposed t h at this Bill be referred back for f u r t h er considera- tion. The Re p o rt was adopted. Th e adoption of the Re po rt of the Blackball Place Committee was moved by Mrs. Quinlan, and adopted unanimously. The adoption of the Re po rt of the Disciplinary Committee was moved by the President and adopted unanimously. The Re po rt of the E.E.C. Committee was moved by Mr. An t h o ny Collins. To an inquiry by Mr. O hUa dh a i gh wh e t h er the Society could provide a post- g r a du a te course in Commu n i ty Law for the older members, Mr. Collins stated t h at this would be diffi- cult to arrange, b ut he referred to the special courses available in Edinburgh, Ams t e r d am and Luxembourg. Mr. T. C. G. O 'Ma h o ny stated that it was difficult to assimilate Commu n i ty legislation, and t h at it would be impossible to read all the Commu n i ty literature issued. Mr. Collins stated the Commi t t ee was trying to gauge the amo u nt of this legislation which would affect Ireland, b ut it was a difficult problem. Mr. O ' Ma h o ny said that, although we had entered the Commu n i ty with our eyes open, it would be difficult to test the constitutionality of Commu n i ty legislation. The Re po rt was adopted. Th e Re po rt of the Company Law Committee was moved by the President, who explained t h at this was an i nd e p e nd e nt Commi t t ee dealing with mergers and monopolies, and t h at it had been complimented by the Minister for I ndu s t ry and Comme r c e. The Report was adopted. Th e President moved the adoption of the Library Re po rt which was passed. Mr. John Moloney moved the adoption of the Costs Committee Report. The President, in reply to ques- tions, stated t h at the application for the 150% increase

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