The Gazette 1973

Retirement of Secretary

It was announced that the Secretary would retire

during the year 1973, but would continue to act in the

part-time capacity as consultant-adviser to the Council.

A committee was appointed to make arrangements

for the appointment of his successor and also for the

appointment of an assistant-secretary to fill the vacancy

caused by the recent resignation of Mr. Joseph

Finnegan.

Blackhall Place

The Chairman of the Finance Committee announced

that having obtained expert advice the Comittee

recommended the purchase of the Evie Hone Window

at Kings Hospital which was excluded from the prem-

ises sold to the Society. It was decided that a nominee

of the Committee be authorised to purchase the window

at a price to be sanctioned by the Committee.

Reception of refugees

At the request of the Minister for Local Government

the Council consented to the use of Blackhall Place as

a reception centre for refugees from Northern Ireland

in the event of any sudden emergency, subject to the

completion by the Department and the Dublin Corpor-

ation of an agreement to be prepared by the Society's

solicitors.

E.E.C.

Draft directive on removal of restrictions on the right

of establishment on free supply of services : A report

from the EEC Committee was considered. At the date

of the report only an unofficial English direction of the

draft directive had been received. It was decided at a

request that no further steps should be taken until an

official English version had been sent to the Society.

This will be published in the

Gazette

when received.

Apprenticeship and education regulations

The Solicitors Act 1954 (Apprenticeship and Educa-

tion) (Amendment) Regulations 1973 (S.I. No. 47 of

1973) were made and laid before the Oireachtas. The

effect of the regulation is that candidates taking Com-

merce as a subject would be required to take only one

of the four papers (Economics, Business Organisation,

Accountancy or Economic History).

Solicitor on record giving evidence

Members who made an application to the District

Court for a restaurant certificate and music and dancing

licence enquired as to the views of the Society on the

following matters.

A colleague replied to one of the advertisements

stating that he would be opposing the application on

the grounds that noise emanated from the restaurant

into a flat owned by his clients. At the hearing of the

case, the colleague represented his clients and they were

cross-examined. The colleague then told the District

Justice that he wished to give evidence and went into

the witness-box stating that the night before the appli-

cation he attended the restaurant and saw wine being

sold after hours. Member submitting the query alleged

that this was to influence the Justice in refusing the

restaurant certificate which was, however, granted. The

colleague also gave evidence as to noise emanating from

the restaurant. Members ask for a ruling as to the

propriety of a solicitor who was acting for a party in a

matter of this kind giving evidence personally in support

of the client's case.

The Council on report to the Committee stated that

it was undesirable but not improper that a solicitor

should give evidence in such a case.

Insurance brokers negotiating settlements

Members from Cork refer to the action of a local

firm of insurance brokers who act for an insurance

company negotiating knock for knock claims between

vehicles and thought that the practice was objectionable.

The matter was referred to the Southern Law Associa-

tion.

Land Act 1965 and removal of restrictions following

accession to the EEC

Attention has been drawn in the February issue of

the Society's

Gazette

to the Land Act 1965 (Additional

categories of qualified persons) Regulations 1972 (S.I.

No. 332 of 1972). The effect of this order is to exclude

from the provisions of Section 45 of the Land Act 1965

all those who benefit as a result of the European Com-

munity directives mentioned in the schedule. The direc-

tives are incorporated by reference without further

information or specification. It was decided to bring to

the attention of the appropriate authorities the incon-

venience and difficulties caused by this method of legis-

lation by reference and that statutory instruments giving

effect to this and other EEC directives should do so in

express and explicit terms which will clearly indicate

the effect of the legislation.

8th MARCH 1973

The President in the chair.

Catalogue of Library and EEC Publications

This matter was referred to the Finance Committee.

Seanad election

Senator John J. Nash was unanimously proposed by

the Society for nomination to the Cultural and Educa-

tional Panel for the- forthcoming Seanad Election.

Blackhall Place

It was reported that the Evie Hone Window at Black-

hall Place had been purchased for the Society.

Building society's letter

A building society issued a letter containing the

following statement: "If you have not got a solicitor

we suggest that you will find it beneficial to use the

society's solicitor. Please return the acceptance offer

signed and leave the solicitor's name and address blank."

It was decided that this letter was open to serious

objection and that the building society be so informed.

Building societies' solicitors' charges

Members applied for a waiver to charge the special

fee of

per cent on the amount of a building society

loan acting for the mortgagees. It was decided on a

report from the Committee that the necessary waiver

under Professional Practice Regulations be granted in

any case where the fee proposed is less than the full

permitted scale fee.

"International Business Lawyer"

This journal is published by the International Bar

Association and contains articles on business law and

lists the Committee Chairmen and Vice-Chairmen of

the various sections. Membership of the section is open