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GAZETTE
JUNE
1992
I would welcome such a development
in Ireland as my experience of
libraries and educational institutions
in Ireland is of widespread, if
unintentional, disregard of the laws
of copyright. Photocopying of
literary dramatic and musical work is
common and off air recordings of
radio and television a regular
occurrence. I would hasten to add
that these are personal impressions
of the position in Ireland and I have
no doubt that Mr. Fitzpatrick and
his fellow librarians in the United
Kingdom are scrupulous in their
adherence to the rules of copyright.
Mr. Fitzpatrick would be right in my
view to deduce a more lax attitude
in Ireland than in the United
Kingdom from the deletion of most
of Section 7 of the 1956 Act from
the 1963 Act and to that extent I
acknowledge with gratitude the point
he makes. However, the position as
to the photocopying for research,
private study, criticism and review
was covered generally by the fair
dealings provisions of Section 12 of
the 1963 Act. I would not regard the
difference between the two Acts as
"substantial".
On a personal note Hugh and I were
at school together and it was good
to hear from him albeit in this
circuitous way.
Yours etc.,
James J. Hickey,
Amorys,
1 Fitzwilliam Square.
Compensation Fund
Dear Editor,
I refer to the President's message
"Compensation for Claims or
Licence to Steal" in
Gazette
Volume
86 No. 2 March, 1992.
I specifically refer to the comparison
in that article between the current
Compensation Fund contribution of
£475.00 for an Irish solicitor and the
New York equivalent of $360.00,
which figure I assume is correct.
Given the difference in salaries and
earning potential between the two
jurisdictions referred to, it is clear
that an Irish solicitor is paying
proportionately a much higher figure
than his New York counterpart,
probably in excess of 400% more.
It is, I feel, a sad reflection on both
the Law Society and the members of
the profession that the contribution
of each solicitor to the
Compensation Fund has been
allowed reach its current level, a level
which in the context of the above
example is clearly far too high.
I would be obliged to know whether
the detailed submissions made by the
Law Society to the Minister for
Justice, Padraig Flynn, on the
Solicitors (Amendment) Bill, 1991,
seek to reduce the annual
Compensation Fund contribution for
each Solicitor. While there may be
an argument in favour of
maintaining the Compensation Fund
in that it may be good for the image
of the profession, the current annual
contribution of £475.00 per solicitor
is grossly excessive and far too high
a price to pay for the very limited
credibility the Compensation Fund in
itself gives to the profession.
I would also like to place on record
my own view which is this: if the
annual contribution to the
Compensation Fund cannot be
reduced to a reasonable level of say
£150.00, the Law Society should seek
legislative change to bring about the
entire abolition of the Fund.
I do not know if this is the attitude
of other members of the profession,
but I would certainly be interested to
know.
Meanwhile, the Solicitors Bill seeks
to extend the provision of probate
and conveyancing services to banks,
and to prohibit charging of
percentage fees by Solicitors.
Yours etc.,
Philip Smith,
W.J. Shannon & Co.,
19 Upper Ormond Quay.
Drunken Driving Penalties
Dear Editor,
Enclosed is a copy of a report of
drunken driving which appeared in
the Nenagh Guardian newspaper 100
year ago. Perhaps the penalties for
drunken driving today are not as
severe as we had thought!
I thought the report might be of
interest to your members.
Yours etc.,
Brendan F. Hyland
B. Hyland & Company
"Jailed for being drunk
Sgt. McGann of Timoney, at Roscrea
Petty Sessions, charged William
Maher, a respectable farmer from
Ballykelly, with being drunk on the
public road at Knock, on the 24th
while in charge of an ass and cart.
Mr. Anthony Nolan, solr., Nenagh
appeared for the defence.
The sergeant stated that on the day
in question, he and Constable
Hennessy were on duty and that he
found Maher drunk in charge of the
ass and cart.
Mr. Quinlan, licenced publican,
Knock, stated that Maher was in the
house, he had a couple of pints of
beer, but he was not drunk, although
he did not give him any more.
The magistrates sentenced defendant
to one month's imprisonment in
Clonmel Jail with hard labour."
YOUR WILL
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