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GAZETTE
N W
NOVEMBER 1992
E
s
Society at Issue with Government
Addressing a parchment ceremony
on 16 October, the then President of
the Law Society, Adrian Bourke, said
the Law Society found itself at issue
with the Government on a number
of important issues.
" I must record with regret that the
Society finds itself at issue with
Government, on a number of fronts.
You may be aware that the Society
has decided not to cooperate in the
implementation of Part VII of the
Finance Act, 1992 which would,
amongst other matters, require
solicitors to report certain
transactions exceeding £500 to the
Revenue, and which would, in the
opinion of the Society, seriously
breach the confidential relationship
between solicitor and client, and
undermine the independence of the
profession. Some of these provisions
can be enforced with draconian
powers which could allow for seizure
of files, and arrest without warrant."
Adrian Bourke continued:
" The Society has made some very
serious points to the Government in
relation to the Solicitors Bill, and in
particular in relation to a provision
which would permit a cap on the
level of any one claim made to the
Compensation Fund, which makes
compensation available where money
has been misappropriated by
solicitors. The reason for the cap
being that the Fund will not survive if
it is to pay out huge monies to
individuals and, in particular, to
financial institutions, and there will be
a grave loss to the disadvantaged
small client who was intended to
benefit from the existence of the
Compensation Fund in the first place.
" The Society has made
respresentations to the Government
in relation to the eligibility of
solicitors to be appointed judges of
the superior courts. The Society's
submission has received wide
acclaim, and is in accordance with
the broad recommendations of the
Fair TVade Commission Report.
" I n recent pronouncements,
Willie
O'Dea,
Minister of State at the
Department of Justice, made a
swingeing attack on the Law Society
for failing to make a submission on
representations relating to the
Criminal Evidence Act which has
passed through the Oireachtas. His
remarks were inaccurate and
unfounded. I have written to him
demanding a retraction. Following
Mr. O'Dea's remarks a press release
was issued setting out that the Law
Society had made substantial
submissions and recommendations,
well within time for them to have
been dealt with by the Department
and for the passage of the Bill
through the Dail and the Seanad.
The suggestion that we did not
participate in making a submission is
offensive to each member of this
profession, to the Council itself, and
to me as President. For my part, I
will not tolerate that type of
inaccurate, aggressive brinkmanship.
" I t is, of course, inevitable, having
regard to the very different roles that
a profession such as ours, on the
one hand, and the Government, on
the other, have to play in society
that there would, from time to time,
be friction and that we would have
our differences. It is important,
however, that the Law Society
should, on the whole, have a good
working relationship with the
Government and that, if we fall out
or disagree on one particular issue,
this should not be carried over into
other areas or affect the general
relationship that we have with the
Government. If that were to happen
it would, to my mind, be a sad day
indeed. The stand we have taken on
issues, in particular the Finance Act,
is right in principle and our position
must not and will not be
compromised. There are other
matters of concern to us at present
where we are seeking the help and
support and indeed, the co-operation
of the government. I would hope
very much that these matters will be
looked upon, considered, evaluated
and determined on their own
individual merits," stated Adrian
Bourke.
•
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