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EDITORIAL
Younger Report
In view of the unwarranted intrusions of the State into
the affairs of private citizens, it is not surprising that
the Younger Report has issued a strong condemnation
of some of the prevalent practices which are so often
used unlawfully and without justification against
innocent persons. It is obvious that the average citizen
requires protection against no less than 20 named spying
deviccs involving bugging and snooping as well as
against information illegally acquired. Banks are too
prone to disclose their customers' financial standing to
snoopers who have no right to this information. It
should be a grievous offence punishable by a high fine
for any credit rating agency to inquire of any outside
agencies as to the financial standing of their proposed
customers. Bad as the position may be in England, it is
likely to be much worse here, as the average citizcn is
not aware of his constitutional rights.
Solicitors' Remuneration
During the past twelve months the Society has been
actively concerned with the question of solicitors' re-
muneration having regard to the steep and progressive
rise in the cost of living. An application was made to the
various committees for an increase of 42% in solicitors'
charges which corresponded with the increase and the
date of the application. An order was made hy the
Statutory Body under the Solicitors' Remuneration Act
1881 granting the increase and this order was laid
before the Oireachtas. It was however annulled in
Seanad Eireann on a motion brought by the Minister
for Justicc on the ground that an increase of 42%, could
not be justified under present social and economic
conditions. This viewpoint while no doubt politically
correct failed to take account of the fact that no increase
had been sought or obtained by the profession since
1964 whereas employees, public servants and officials
in the employment of local authorities and semi-State
bodies had all received substantial increases during that
period. Furthermore many of the increases obtained in
file public service and elsewhere are retrospective while
solicitors' costs when increased take effect only from
the date of operation of the revelant order.
New
Rules
Following the rejection of the Solicitors' Remunera-
tion General Order 1971 the Statutory Body at the
request of the Council made a new order providing for
an increase of approximately 20% on the present item
cliarges. This order has now been before the Oireachtas
for the statutory period and takes effect from 17th
May 1972. Copies are, or shortly will be, on sale at
file Government Publications Sales Office.
The Land Registration Rules Committee with the
approval of the Minister has made or is about to make
new rules increasing the scale charges of voluntary
transfers in part 4 of the schedule of costs to the Land
Registration Rules 1966 by 30%,. New scales of costs
have also been agreed for the Circuit Court and the
District Court including the scales of costs for the
increascJ jurisdiction. The District Court (Costs)
Rules 1972 have been submitted to the Minister for
his concurrence and are exacted to come into operation
on If* Septemlier 1972. Agreement has also been
reached between the Minister and the Rules Committee
on the solicitors' scales of costs in the Circuit Court
including the costs of the increased jurisdiction. The
question of Counsels' fees however has not been agreed
between the Minister and publication of the rules has
been held up. The Council has made urgent representa-
tions to the Minister that the scale of solicitors' costs
should be brought into operation not later than 1st
September 1972 and that any outstanding questions
regarding Counsels' fees should be dealt with by
separate regulations.
Limit of Legal Remedies
It is a cause of dissatisfaction and inconvenience to
the public and the profession that publication of these
scales should Ire delayed. In many cases proceedings
have been held up because there is no proper scale of
costs. There will be general agreement that this is a
denial of justice for litigants. The long period of gesta-
tion of the new scales of costs is an added argument
for the establishment of a Central Costs Committee
dealing with the whole range of solicitors' remunera-
tion to which the Society should have immediate access
to cope with changing conditions. The Council have
strongly pressed for this both with the Minister for
Industry and Commerce and the Minister for Justice in
connection with the Prices (Amendment) Bill 1971
which has passed all stages in Dail Eireann and is
expected to come into operation in the near future. A
Central Costs Committee manned by experts with
representation would deal far more expeditiously and
efficiently with questions conccrning solicitors' re-
muneration than the half a dozen committees which
have to consider such questions at the present time. It
has however been the view of the Council that the
Society should have direct access to the Committee not
rnerelv to the Minister. It seems only elementary justice
tliat the professions like the civil service and employees
in the local Government service and semi-State bodies
should have a forum to which legitimate applications
dealing with remuneration could be submitted directly
from time to time and without the interminable delays
which attend at the present procedure. It is on record
that it took from four to seven years within reccnt times
to ttave applications for increases in remuneration dealt
with try the Department of Justice.
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