The Gazette 1972

N.L Solicitors call for Strict Rules to

Protect Detainees

A statement was issued recently in Belfast following a

nieeting by about 400 solicitors, members of the

Incorporated Law Society of Northern Ireland, in

Belfast.

The meeting was specially requisitioned in the King

George VI Hall, May Street, by a number of solicitors

who wished to have a full discussion on the Special

Powers Act and the effect of its operation in regard to

members of the legal profession.

Members were also concerned in regard to arrests

nd interrogation of children and young people and

there are reported to have been complaints of obstruc-

tion of members of the legal profession in attempting

to carry out their professional duties.

The statement issued after the meeting, which went

°n all afternoon is as follows—

"At a special general meeting of the Incorporated

Law Society of Northern Ireland, held this afternoon,

February 10th, 1972, the members present, while recog-

nising the difficulties facing the security forces, passed

he following resolution :—

"This meeting, having received reports from members

m the society as to the operation of the Civil Authorities

(Special Powers) Act (Northern Ireland), 1922, and

while acknowledging that some lawyers are of the

opinion that, in exceptional circumstances, legislation

°f such nature may be necessary :

(0 Expresses its dissatisfaction with the treatment

vffiich has been accorded to solicitors in the exercise

°f their professional duties while representing persons

rested, with the interference with such solicitors, by

members of the security forces, and the disregard by

such members of the privileges attaching to communi-

cations between solicitor and client, and acknowledges

he assurances given by the Permanent Secretary of the

Ministry of Home Affairs in his letter of February 10th,

' 2 , in relation to such matters.

(2) Recognising th^t the operation of the Act is a

matter of law administration with which the members

of the society must be involved expresses concern at the

harmful effect of the enforcement of the Act, welcomes

the information given by the Permanent Secretary in

his said letter, and calls on those responsible for its

enforcement to ensure that during such time as the

Act remains in operation—

(a) The procedures for arrest under the Act are clearly

defined for the information of the public and those

members of the security forces entrusted with the

exercise of such powers.

(b) The fact of arrest is made known forthwith to

the next-of-kin and to the solicitor of a person arrested

and that the solicitor appointed by the family of that

person immediately, upon request, should, without

delay, have access to a person arrested.

the Advisory Committee is made known to the legal

profession, the officials concerned with the administra-

tion of the Act, and those who are detained or interned.

(d) Procedures under the Act are reconsidered and

amended to provide that detailed allegations against a

person arrested are made known to him and his solicitor

and that appeals to the Advisory Committee are heard

with expedition, with the right to full legal representa-

tion on such appeals; the case of each internee is re-

viewed automatically at specified intervals not exceed-

ing six months; proper and defined machinery is estab-

lished to enable complaints of ill treatment to be sub-

mitted and, when established, to be effectively remedied

there is proper provision for continuous medical super-

vision and the keeping of medical records; rules are

formulated relating to the treatment of detainees and

internees containing reasonable provisions for the avoid-

ance of hardship.

(e) That proper protection be afforded to children

and young persons subjected to interrogation, and that,

if necessary, legislation be enacted to ensure such

protection."

(Irish Times,

11 February, 1972)

Some Problems of Irish Solicitors in

Dealing with Foreign Law

Max W. Abrahamson

n e

effect of entry into the Common Market on the

^ork of I

h lawyers has been the subject of learned

iscussion. These jottings on practical problems of

ising on disputes with a foreign element may be

som

interest.

R is reassuring to find that lawyers in many countries

Ppear to have in common not merely vices, as has

een well recognised through the ages, but also virtues.

ris

h lawyers will generally find that, despite differences

°utlook and approach, their continental colleagues

share with them an understanding beyond that usually

possessed by the layman of the importance of clear-

headed analysis of facts and marshalling of arguments.

They may also find surprising the extent to which the

Common Law and continental codes have fundamental

principles in common and reach the same result on legal

problems, although often by a quite different route.

Similarity of foreign law a trap

Unfortunately there lies a trap. Ninety-nine per cent