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lant's brief or cross-appellant's brief. An appellant or
cross-appellant who does not file his brief within the
time stipulated may, on the motion of the other party,
have his appeal dismissed by the Court on the grounds
of undue delay. (See paragraph 47.)
(11) Not later than thirty days before a case stated is
due for hearing by the Supreme Court, the party having
carriage should lodge in the office of the Supreme Court
five copies of a case stated brief containing the material
already mentioned at recommendation (8) (c) in regard
to appeals and should serve a copy of the same upon
the respondent. A respondent's brief in similar form
should be filed and served not later than fifteen days
from the receipt of the brief of the party having carriage
of the case stated. (See paragraph 48.)
(12) The law should be changed so as to allow the
trial judge in a High Court action, who is of opinion
that in law certain issues ought not to be left to the
jurv, to leave questions on these issues to the jury with-
out being bound to accept the findings at which the
jury arrive on those questions. (Sec paragraph 50.)
(13) Each judge of the Supreme Court should be
provided with a salaried law clerk or research assistant.
(See paragraphs 51 and 52.)
The implementation of the above-mentioned recom-
mendations (1), (2), (3), (6) and (12) would require
legislation, while recommendations (7), (8), (9), (10), and
(11) could be dealt with by the Superior Courts Rules
Committee. Recommendation (4) would involve a refer-
endum to amend the Constitution. Recommendation
(5) would seem to involve merely a matter of adminis-
tration. Recommendation (13) is concerned with the
provision of additional court staff.
Note
—Although
this Report has only been printed
now, it was signed by the members of the Committee
two years ago, in March 1970.
Proposals for Secrets Act Reform
Proposals for reform of the Official Secrets Act of 1911,
and removal of Section 2—"a blot on the Statute
Book"—have been made to the Franks Committee re-
viewing the section, by Prof. H. W. P. Wade, Q.C.,
Professor of English Law at Oxford University.
The committee was set up after the unsuccessful
prosecution of
The Sunday
Telegraph,
Mr. Brian
Roberts, its Editor, Lt.-Col. Douglas Cairns, and Mr.
Jonathan Aitken, over the publication of a report on
the Nigerian war which was claimed to be confidential.
In his evidence to the committee, Prof. Wade says
that the new statute should define criminal offences
more narrowly, facilitate access to information about
government, and should be adopted only after adequate
public discussion and debate in Parliament.
"Wrong Form of Law"
Section 2 of the 1911 Act was a thoroughly wrong
form of law says Prof. Wade. "It hangs over the heads
of all concerned with public affairs, especially, of course,
the Press who are obliged to commit criminal offences
daily but are not normally victimised by prosecution.
"It prevents officials from letting out innocuous
and desirable information because they know that they
were acting criminally unless they obtain
a u t h o r i s a t i o n-
"It lowers the reputation of the public service since
it is thought to be used for covering up mistakes, even
when this is not true. It has aggravated the secretive-
ness for which British administration has a bad name
with its best-informed critics.
"It has become one of the vested interests of govern-
ment, a classic example of bad law creating bad prac-
tice."
In the recent
Sunday Telegraph
case, Mr. Justice
Caulfield virtually told the jury that the Act of 1911
might be regarded as obsolete. "This remarkable direc-
tion is a good indication of the standing of Section 2
in responsible legal opinion," says Prof. Wade.
(Daily Telegraph,
11 December 1971)
The Solicitors' Benevolent Association
The Association, which operates throughout the whole of Ireland, cares for Solicitors, their
wives, widows and families, who have fallen on hard times.
Last year over £4,300 was distributed in relief. Additional subscriptions, donations and bequests
are urgently needed to continue and extend the Association's work.
The active co-operation of the profession in the Association's good work is asked for, and all who
are not members are urged to join without delay.
Membership subscription £2.10 (or £2.05 if admitted less than 3 years) a year.
£15.75 life membership.
Address:
SECRETARY, Solicitors' Benevolent Association,
9 Upper Mount Street, Dublin 2.
128