The Gazette 1973

Non-availability of Civil Legal Aid

Constitutional

Plaintiff, a former hackney owner, now unemployed,

claimed that Sections 2-7 of the Criminal Justice

(Legal Aid) Act 1962 are unconstitutional, inasmuch

as they appear to be inconsistent with the Constitution

and in particular with :

(a) Article 15, Section 4, which declares that the

Oireachtais shall not enact any law which is in

any way repugnant to the Constitution.

(b) Article 34, Section 3, Subsection 1—which de-

clares that the Courts of First Instance shall in-

clude a High Court invested with full original

jurisdiction in and power to determine all matters

and questions, whether of law or fact, civil or

criminal.

citizens shall, as human persons, be held equal

before the law.

(d) Article 40, Section 3—which declares that the

the State guarantees in its laws to respect, and as

far as possible and practicable by its laws to defend

and vindicate the personal rights of the citizen.

(e) Article 45, which is not cognisable by the Courts.

The plaintiff was advised he had a good cause of

action in respect of a loss occasioned to him by the

act or default of some defendants; he appears

personally in this action, and could not finance

the action.

O'Keeffe P. stated that under the Criminal Justice

(Legal Aid) Act, 1962, the State had chosen to provide

legal aid for persons charged with criminal offences.

But a person contemplating civil proceedings is left

wholly without legal aid from the State. The plaintiff

has a legal right which has been infringed, but has not

got the necessary means to vindicate that legal right.

He looks to the State for assistance, and finds that

none is forthcoming. However, according to O'Keeffe

P., it is for the legislature to determine how the

personal rights of the citizen are to be vindicated. The

legislation confining legal aid to criminal cases does not

fail to accept and acknowledge the equality of all

citizens before the law. Consequently, although he

sympathised with the plaintiff, he was copelled to

dismiss his claim.

[O'Shaughnessy v. Attorney-General; O'Keeffe P.;

unreported; 16 February 1971.]

Limited Places for Non-Graduate

Apprentices in Law Faculties of Universities

The Council having been notified of a shortage of

places in the law faculties of the universities particularly

University College, Dublin, where it has been necessary

to establish a quota of students for entry to the Law

Degree Faculty and for non-degree entry for solicitors'

apprentices it is therefore necessary to draw the atten-

tion of intending Apprentices and Headmasters of

schools to the position which will obtain in 1973 and

subsequent years if the number of applicants for Uni-

versity places exceeds the number of places available.

It is a prerequisite for entry for the Society's First

and Second law examinations that the students who

fail to obtain places in a university law faculty cannot

be admitted to the Society's examinations.

The Society's entrance examination requirements are

as follows:

1. A pass in the First Irish examination which is held in

July each year.

2. A pass in the Society's Preliminary examination

which is held in July each year or alternatively a

pass in the open Public Matriculation of an Irish

University (without recourse to the leaving certi-

ficate or other non-University examination). Essen-

tial subjects at the Society's Preliminary and for

Matriculation purposes include English, Mathema-

tics and Latin.

3. Students who satisfy the Society's Entrance examina-

tions mentioned above and who obtain entry to the

Law Faculty of an Irish university will qualify for

admission as solicitors' apprentices but every student

must before entering for the first Irish or Preliminary

examination lodge a Petition and Memorial signed

by himself and by the solicitor to whom he proposes

to be apprenticed and must obtain the consent of

the Society for entry into indentures of apprentice-

ship. Only when this condition has been satisfied

will the student be eligible for the entrance examina-

tion in Irish.

As regards non-degree students places in the law

faculty will be allocated in order of priority on a first

come first served basis. This order will be determined by

the order of priority of registration with the Society.

It is therefore essential for applicants in their own

interest to comply with the above requirements and to

The University Authorities will have regard to the date

of registration with the Society in allocating the limited

number of available places for non-degree entry for

solicitors' apprentices.

For the purpose of this memorandum Registration

with the Society means lodgment of the Petition for

permission to enter into indentures with the certificate

of consent from a solicitor-master qualified to take an

Apprentice with evidence of passing the First Irish

examination and the Preliminary examination (or

exemption from the latter).

An intending apprentice who has already graduated

in Arts, Law or a Faculty deemed equivalent is exempt

from the Society's Preliminary examination (but not

from the examination in Irish).