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approached by Gardai, there was a brief scuffle and a
number of them were removed from the hall.
Mr. Justice Kenny drew attention to the fact that the
British and French traditions had clashed in Canada,
and that the solution had been a liberal one; it was to
be hoped that the problem of Northern Ireland could be
resolved in the same way. He disagreed with the Auditor
that a constant revision of the Constitution was neces-
sary; the 1922 Constitution had been too often amended.
Dr. Garrett Fitzgerald, T.D., said that the Judiciary
was a powerful protection against the Executive, and
that it would not be possible to define all human rights
m the Constitution. It was unnecessary to make fre-
quent revisions of the Constitution. The O'Callaghan
decision on bail had shown that it was difficult to
achieve a balance in the law. In order to achieve a
useful measure of federation in the North it would be
necessarv to grant much more devolution there, to
satisfy the majoritv. There was no realisation as yet in
Ireland, North or South, that it was essential to change
our society into a pluralist one, there were too many
groups on both sides who did not want any change.
Mr. John Temple Lang said that it was unnecessary to
turn the country into a theocratic banana republic, and
that a statesmanlike gesture to the Unionists was essen-
tial. It will be necessaryt o emphasise that in future
Ireland must be a non-denominational State. It was
also necessary to rid ourselves of laws that are deemed
sectarian, as for instance in matters of health and of
education. It was a catastrophic blunder of the Govern-
ment to reject Dr. Browne's Bill liberalising the sale
under medical prescription of birth-control pills. It was
a real problem for Irish Protestants to obtain facilities
permitted to them, but this should be resolved in a
Federal Constitution. There would be no more effective
presture to the Unionists than that a referendum should
be held on the suppression of the so-called "sectarian"
clauses".
The President, Mr. O'Donovan, having thanked the
speakers for an interesting and stimulating debate, then
closed the meeting.
Society's Standard Conditions on Sale
and Requisitions on Title
Members raised a query on requisition.
No. 50
in the
Society's standard form which is as follows :
Has there been in relation to the property any
development within the meaning of the Local
Government (Planning and Development) . Act
1963 on or after 1st October 1964? If so, produce
the permission necessary under the Act and confirm
that all the terms thereof and the conditions
attached thereto have been properly and fully com-
plied with.
Members acted for a purchaser using the Society's
standard form of contract and requisitions. The reply
to requisition 50 was "herewith photocopy grant of
planning permission". The planning permission revealed
tour conditions and members wrote to the County
Council seeking confirmation that they had been com-
plied with. The County Council replied that the
builder and first owner of the property had not com-
plied with one of the conditions. When members took
the matter up with the solicitors for the vendors they
received the following reply :
"When our client sold his property the contract
for sale was not conditional on compliance with
conditions set out in the Planning approval".
The matter was submitted for his opinion to learned
Counsel who drafted the Society's standard forms and
the following is a copy of his comment.
"If, in answer to Requisition 50, it appears that
either no Planning Permission was obtained, or there is
a Condition attached to the Permission which has not
been complied with, the Purchaser has his remedy.
"In the first case the Vendor has not shown a good
title to the property, as the house can be ordered to be
pulled down, and the Purchaser is entitled at law to
rescind, if Permission is not obtained.
"In the second case, if the existence of the Condition
was not disclosed to the Purchaser or his Solicitor
before the Contract was signed, the Purchaser is en-
titled, if Vendor does not comply with it, to rescind
the sale under Condition 16(c) of the Society's Con-
ditions of Sale.
"If the Purchaser, before he signs, knows either that
no Permission has been obtained, or that there is a
Condition which remains uncomplied with, it is up to
him or his Solicitor to insert the appropriate Special
Condition for his protection.
"As to the taking over of roads, etc. the Purchaser
can quite easily make the necessary inquiries himself,
and in many cases it will be quite obvious that they
have not been taken over. No Vendor could safely take
on the obligation of compelling the Local Authority to
take over the roads.
"It must be remembered that, primarily, Conditions
of Sale are for the protection of the Vendor, not of the
Purchaser."
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