The Gazette 1973

THE SOCIETY

Proceedings of the Council

J UNE 28

The President in the chair, also present: Messrs.

Walter Beatty, Bruce St. J. Blake, John F. Buckley,

John Carrigan, Anthony E. Collins, Laurence Cullen,

Gerard M. Doyle, Joseph L. Dundon, James R. C.

Green, Christopher Hogan, Thomas Jackson, Jnr.,

John B. Jermyn, Francis J. Lanigan, John Maher,

Patrick C. Moore, Eunan McCarron, Brendan A.

McGrath, John J. Nash, George A. Nolan, Patrick

Noonan, Peter E. O'Connell, Dermot G. O'Donóvan,

James W. O'Donovan, William A. Osborne, Peter D.

M. Prentice, David R. Pigot, Mrs. Moya Quinlan,

Ralph J. Walker.

The following was among the business transacted.

Preliminary examination

It was proposed by motion on notice that the com-

pulsory subjects at the preliminary examination should

be English and Mathematics and that Latin should be

an optional and not, as at present, a required subject.

After a general discussion the motion was put to the

meeting and declared lost by 12 votes against 11.

Solicitors apprentices and Social Welfare Insurance

' The Secretary drew attention to the position which

arises under the Social Welfare Acts which apparently

imposes an obligation on persons employing appren-

tices to make Social Welfare contributions. In the case

of unpaid solicitors' apprentices the entire burden of

the contribution would fall upon the solicitor unless the

indentures of apprenticeship contain a covenant by

the apprentice or preferably his guardian to indemnify

the solicitor against such liability. Where an apprentice

is not paid a salary there is no means of deducting the

employee's contribution. Even where a premium is

charged for the apprenticeship the amount would

probably be less than the total of the Social Welfare

contributions over a period of apprenticeship. In the

Society's Gazette for December 1953, page 54, the

following statement appears :

The Council were advised that the master of a

solicitor's apprentice is liable to make contribu-

tions under the Social Welfare Act 1952 even

although the apprentice is not in receipt of a

salary. Following representations made to the

Minister that apprentices other than those serving

under Section 16 of the 1898 Act should be ex-

cluded the Minister made the Social Welfare (Em-

ployments of Inconsiderable Extent) (No. 2) Re-

gulations 1953 (S.I. No. 290 of 1953). The regula-

tions provide that employment other than employ-

ment which is under a contract of service and is

for the purpose of the employer's trade or business

in any one or more employments for less than

eighteen hours in a contribution week where the

employed person is not mainly dependent for his

livelihood solely on the remuneration received

from such employment is to be excluded from the

provisions as to compulsory insurance.

The Secretary stated that he raised the matter be-

cause he thought it possible that these regulations may

have been annulled by later Social Welfare legislation.

The matter was adjourned for further consideration.

In the meantime it \Vas decided that the attention of

the profession should be drawn to the position so that

in case of any doubt appropriate provisions may be

made in indentures of apprenticeship.

Comparative law and International law

The Council approved a report from the Court of

Examiners that in any revised system of legal educa-

tion the universities should be requested to include

comparative law and private international law on the

course for the B.C.L. degree for solicitors' apprentices.

Admission of aliens as apprentices

The Court of Examiners reported that applications

had been received from foreign nationals for admission

to apprenticeship. It was decided that these applica-

tions should be dealt with on the basis of reciprocity

and that where the country of origin of the applicant

will admit a citizen of the Republic to the legal pro-

fession without requiring him to take out citizenship

the same facilities should be extended here to the indi

-vidual applicants. Letters had been written to the

Swedish Bar Association and to the American Bar

Association to ascertain the position in Sweden and the

U.S.A. It was found that in Sweden a member of the

Bar Association must be a Swedish citizen. The position

in the U.S.A. varies between the different States.

Admission to the first Irish and preliminary examina-

tions

It was decided that entries should not be accepted

from applicants unless accompanied by a petition and

memorial signed by the applicant and by a solicitor

qualified to accept an apprentice.

Restriction of places in the Law School, U.C.D.

The Society was notified that the admission office at

the law faculty U.C.D. had imposed a limit on the

number of places to be allotted to students owing to

considerations of space and lecturing facilities. The

Society had been notified that approximately thirty

places are available in the law school for non-degree

students who are solicitors' apprentices. Of these fifteen

will be filled by the law faculty at U.C.D. on the basis

of merit. The remaining fifteen will be filled by

nomination from the Society. It was decided that the

order of priority for nomination by the Society for non-

degree places will be as follows: first apprentices al-

ready under indentures who have not obtained entry

to the law school. Next apprentices lodging petitions

and memorials in order of receipt subject to passing the

first Irish and preliminary examination or being ex-

empted from the last mentioned examination.

Building Society terms of offer of advance

A standard letter used by a building society con-

182