The Gazette 1976

MAY 1976

to your approval so that Corporate status can be achieved and the necessary legislation promoted by amending the existing code applicable to the Profession, or some other form of legislation outside the Companies Act or the Industrial and Provident Societies' Acts and at the same time preserving the professional status and responsibility of the members of the Profession in the provision of Professional services to their Clients. Conveyancing Procedures The Society of Young Solicitors are deserving of our thanks for undertaking the organisation of the recent Seminar at Killarney in connection with the Society's Conditions of Sale 1976. It is hoped that all those who have received the documentation and participated in the discussions will forward as soon as possible their observations and comments for consideration by the Conveyancing Committee so that the new Conditions of Sale can be printed and made available for use as soon as possible. The Conveyancing Committee have also given a very considerable amount of time to the re-drafting of the Requisitions on Title, and it is hoped to have such Requisitions on Title available at the same time as the Conditions of Sale for use in the Profession. It is hoped at some future date to establish in the Gazette a Conveyancer's Corner where techniques and practices might be discussed and directions circulated from the Land Registry, Revenue Department, Land Commission and other Departments, and Municipal Bodies to facilitate expeditious and smooth completion of transactions. Land Registry Discussions, as you have noticed in the Gazette, have taken place with the Department of Justice, the Land Registry and Ordnance Survey and the Society dealing with difficulties arising with particular reference to the Mapping area. Certain conclusions have been arrived at with regard to the provisions of Ordnance Sheets on twenty five inches scale at least and the undesirability of photocopy maps as a basis for registration in sub- division cases and it is hoped to publish a full note in the Gazette showing the procedure that will operate as and from the 1st September of this year. Rules for Government of Prisons 1976 (S.I. No. 30 of 1976) Prisons Act 1972 and (Military Custody) Regulations 1976. (S.I. 87 of 1976) The Council has given very careful and full con- sideration to the implications of the amendments en- visaged by these Statutory Instruments. The Council while fully conscious of the security problems which exist in relation to the control of the Prisons in the State, still have grave doubts as to the power of the M mister under the relevant Statute to make the Re- gulations as provided in the new Rules. It is the decision of the Council to seek a Declaratory Order in the Courts as to the validity of the amended Rules insofar as they affect a Prisoner's right to a Legal Adviser of his choice. The decision taken by the Council was limited to the Statutory Instrument No. 30 of 1976 as the second Instrument was not available at the date of its meeting. Education We are all aware of the great contribution made by mv predecessor in office, Mr. Prentice, in this parti- cular field. The change-over to the new system has and is operating satisfactorily notwithstanding the many ~*2

difficulties necessarily arising, all of which have been very capably and understandingly resolved by your very capable Committee responsible in this area, and accommodation for students is by no means the least of these problems. The reconstruction of the new premises at the King's Hospital may indeed be very timely, but as Blackhall Place is the subject of special discussion I will not deal further with the new premises, except to say that work is progressing satisfactorily and expeditiously. E.E.C. and International Affairs There has been considerable activity in the Inter- national field, particularly by reason of our involve- ment in the Community and the obligation to peruse and consider all draft Directives and Conventions in our particular sphere, particularly in the area of freedom to provide services by Lawyers. It is hardly neces- sary to point out that this particular directive gives rise to many difficulties where the Common Law systems operate and the role played by Solicitors on the one hand, and the members of the Bar as advocates on the other. The question of control and expertise in certain areas of Law arising by reason of the different legal systems in operation throughout the Community are the subject of special research and rationalisation of proceedings. The volume of documentation is very large and a special Committee has been appointed to deal with Company Law Directives in conjunction with the relevant Officers of the Department of Industry and Commerce, and particularly in connection with the Bill presently before the Oireathtas dealing with Mergers and Takeovers. Accountants' Certificates and Disciplinary Procedures The Registrar's Committee which is a Statutory Committee specifically mentioned in the Solicitors' Acts, is responsible for the issue of Practising Certificates on the basis that the Accounts Regulations and Procedures are complied with, and arrangements have recently been made to bring these items up to date and to insist on members of the Profession obtaining their Accountant's Certificate within a reasonable time as a condition pre- cedent to the granting of a Practising Certificate. A full explanation of the procedure will be given by the Chairman of the Registrar's Committee before the ter- mination of this Meeting. The Complaints area is a very complex and diverse one and it would be impossible on an occasion like this to give any statistical or other objective comment other than to indicate that these problems are being brought under control and new procedures for dealing with same are being constantly researched in the in- teiests of all concerned. Checking your Costs On the question of Solicitors' fees for services ren- dered many members of the public appear to be un- aware of their rights to have their Solicitor's charges examined by an Officer of the Courts known as a Taxing Master who will adjudicate on the correctness or otherwise of such charges. The Solicitors' pro- fessional charges are controlled by statute and by statu- tory regulations : the only professional body whose fees are decided by an independent Statutory Authority. Neither the Solicitors nor their Controlling Body may alter the scale of charges and any increases in such charges can only be made in agreement with the rele- vant Statutory Committees and subject to the approval of the Minister for Justice. The Taxing Master is a State Official and is an Authority on the laws relating