256 / 262
Mr. Cooney: All I can say is that the committee
are aware of the urgency of the matter, and I would
rely on their discretion and wisdom to decide whether
an interim report is necessary. I have no doubt that, if
they find themselves being delayed and that there
would be an advantage in an interim report, they would
issue it, but I shall have to rely on their discretion.
Mr. Haughey: Could I ask the Minister are there any
of these Committee's reports in his Department not
yet acted upon or implemented?
Mr. Cooney: Regrettably the majority of the reports
furnished by this committee have not been imple-
mented.
Mr. Haughey: Would the Minister give us any indica-
tion as to his programme of action in regard to these
reports and, secondly, in regard to the examination
which he is now going to ask them to make into the
question of family law? Does he anticipate that the
committee will be prepared to receive representations
from various organisations who have shown an interest
in this matter?
Mr.
Cooney:
In regard to the first part of the
Deputy's supplementary, it would not be feasible for me
at this stage to indicate what action will be taken in
regard to what I might call unfulfilled reports. They
range over a very wide field of court procedure and
practice. There are many technical questions of con-
siderable complication, and I could not, in reply to a
supplementary question, indicate a programme of
action in that area. It is not proposed that this com-
mittee would invite submissions in the field in which
they are now carrying out their examination.
COUNCIL OF EUROPE
FELLOWSHIPS FOR STUDIES AND RESEARCH
IN EUROPEAN LAW
Candidates, who must normally be citizens of one of
the Member States of the Council of Europe, may apply
for Fellowships for the purpose of studying one of the
following :
(1) A Legal subject relating to a comparative study
of one of the Member States with one another.
(2) The Law governing the institution and unctions
of the Council of Europe, or European Com-
munities.
(3) The Law contained in the Conventions of the
Council of Europe.
Only Governments may propose candidates, but the
Irish Government has delegated this duty to the Secre-
tariat of the Council of Europe in Strasbourg. The
Secretariat will appoint a Selection Committee of 3
members for 3 years to review the qualifications of
candidates: The completed Applications for scholar-
ships must reach the Secretariat in Strasbourg at latest
by 1 February 1974, and Fellowships shall be awarded
by the Secretary-General in accordance with the deci-
sions of the Selection Committee, who may also list
"reserve candidates" to receive Fellowships in the event
of refusal. The Selection Committee shall propose the
duration of the fellowship, normally a minimum of six
months, and a maximum of twelve months. The allow-
ances determined by the Secretary-General work out
normally at 5,000 French francs (£490) for six months
and 6,000 French francs (£588) for eight months.
Fellows shall submit to the Secretary-General at a
stipulated time a study written on their chosen research
subject in one of the official languages. Two typewritten
copies of about 15,000 words must be submitted. Fel-
lows shall not engage the responsibility of the Council
of Europe in any of their work, but shall work strictly
as individuals; if any breach of this rule is committed,
the Fellowship will be immediately withdrawn.
If the material for study is subsequently published,
mention shall be made of the aid given by the Council
of Europe, who reserves the right to publish it if it is
not otherwise published, but the copyright shall remain
exclusively in the author.
Mixed views oiiplan to curb Conspiracy Law
A mixed reception from judges, lawyers and the police
is likely for the Law Commissioner's outline proposals
earlier this week to limit severely the scope of the
conspiracy law.
Many barristers and solicitors are known to share the
Commission's concern about the present trend in the
courts which has been to extend the limits of conspiracy
with the effect that conspiracy charges may be used to
secure a conviction when the charge of a specific offence
may fail.
But new offences may have to be created to fill gaps
in the criminal law which a narrower definition of con-
spiracy may leave.
The commission's proposals that conspiracy should
be limited to cases of conspiracy to commit a crime
would mean upsetting the recent House of Lords ruling
that conspiracy to commit trespass is a crime even
though simple trespass in itself is only a civil wrong.
The effect of this House of Lords case where the
main judgment was given by Lord Hailsham, the Lord
Chancellor, is that demonstrators and squatters who
occupy public or private buildings could be convicted of
conspiracy for which the maximum fine and jail term is
unlimited.
The commission has been studying the scope of the
conspiracy law for about two years as part of its general
examination of the criminal law with a view to its
reform and restatement in code form.
The implications of Lord Hailsham's ruling have not
yet been considered by the commission because its
working paper had already been prepared and sent to
the printers before the judgment was given.
The Daily Telegraph
(26 July 1973)
253