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The witness—There is no doubt that the firm made
an error and we have apologised to the client and to
the Court.
Mr. Donnelly—Perhaps I may be at fault. Having
got a direction to appear there, I thought the proper
time was to apologise here in Court.
The Judge—I am concerned with the apology to Mr.
McCee who has an Execution Order against him for
money he didn't owe.
Mr. Donnelly—There is also a sincere apology to Mr.
McCee for a very regrettable error. Mr. O'Sullivan has
with him a cheque payable to the defendant for the
amount that was overpaid. There are no costs of the
proceedings being sought at all and the man has been
refunded what was overpaid.
The Judge—Mr. O'Sullivan, acting in good faith
makes a sworn statement that this man owes his com-
pany £114 and in fact he not only does not owe them,
hut in fact they owe him money, or, at least there was
an overpayment. The source of that Information is a
sheet of paper in the office which is assumed to be
correct. No check was made to find out if in fact that
record was correct before that Affidavit was sworn. It
is deplorable to think that in consequence of that false
record which should have been traced, and traced
quickly, that the Sheriff was about to execute for
money not owing. Fortunately, the Sherrif did not
seize, but it is very unsatisfactory that such a thing
should occur. I directed that the matter be put in the
list so that Foster Finance should come here and
explain. I have heard the explanation and I hope that
in future records of this kind in this firm, or any other
firm either, will be more carefully kept, and that all
relevant documents will be examined to make sure the
money is owing and not paid. I accept the apology
that has been offered. I am glad that Mr. McGee, who
is not represented, has been apologised to also and that
some costs he has paid out have been repaid to him.
The Judgement should be set aside and I have no
jurisdiction to do so until I am asked to do so by
Mr. McGee's solicitor.
Students propose legal changes
A delegation from the Law Students Union for
Action presented a memorandum to the Minister for
Justice, Mr. Cooney, calling for reforms of the district
courts, the prison system and legal education, and the
establishment of a free legal aid system.
The delegation met the Minister for over an hour
and later issued a statement in which they said that
they felt that Mr. Cooney was in agreement with most
points in the memorandum. The Minister had intim-
ated that the discussions would be more helpful if they
undertook not to communicate to the press what was
said at the meeting, excepting the memorandum. The
delegation agreed to this request.
The students proposed the establishment of one law
school in Dublin, or at least the bringing into line of
the legal courses in Trinity College, U.C.D. and U.G.C.
so that they had the same content.
Students wishing to become lawyers would have to
first obtain a four-year Bachelor of Law degree from
one of these institutions. The professional bodies
would fulfil no education role during this period. When
a student obtained a degree he would then decide
whether to train to be a trial lawyer or an office lawyer
or he might go into business or the Civil Service, or fol-
low an academic career. In the former two cases it was
incumbent on the professions to provide new machinery
to allow graduates to train with established lawyers
while being paid. After a year of such training the
student ceuld register as a practising lawyer.
The memorandum pointed out that, in return for
about £550 paid to the King's Inns, the student ob-
tained 48 compulsory dinners complete with snuff and
frock-coated servants; 120 40-minute lectures; the
opportunity to sit examinations in 12 subjects, nine of
which were examined in the university courses in
papers of at least as high a standard; 12 Irish language
lectures; the use of a library in which one never saw
more than half a dozen students; membership of the
debating society, and a call to the bar on successful
completion of examinations.
The memorandum contended that the traditional
distinction between academic and professional training
had become largely irrelevant as the university courses
were today so comprehensive.
The memorandum described King's Inns as a relic
of Britain's occupation in Ireland and as a means of
perpetuation of class distinction. Meanwhile the student
could receive an excellent legal education at a uni-
versity college for approximately £300 over a similar
three-year period. It stated : "We suggest that the Inns
of Court established by Henry VI II in 1542 to consoli-
date his foothold in Ireland is today an indefensible
position of privilege in relation to the training of law-
yers and should have its undergraduate functions taken
away by the Coalition. How can we have the Just
Society without a just legal system?"
Referring to the district courts the memorandum
suggested that the method of appointing district justices
should be reconsidered : district justices should be ap-
pointed on a reviewable five-year basis : social, econo-
mic and psychological factors should be officially con-
sidered in determining the punishment for any crime :
the Children's Court must be abolished this year; the
age of criminal responsibility should be raised to 14;
the charge of loitering with intent to commit felony
should be done away with—it was too vague and
open to abuse.
On prison reforms the students suggested that soli-
tary punishment should disappear; dietary punishment
should be ended; and there should be the appointment
of at least one full-time psychiatrist.
The memorandum said that care should be taken
that the procedure whereby prisoners were assigned to
mental hospitals was not abused; better training and
qualifications and working conditions were essential for
prison warders; prisoners did not have confidence in
visiting committees.
The American Commission of Gaols had placed a
ijioratorium on the building of prisons for 10 years at
least, on the grounds that they were failures. The stu-
dents argued that a similar body would give the same
advice and reach the same decision in Ireland.
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