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GAZETTE
W
N
DECEMBER 1992
Legal Agenda for New Government
As we go to press, discussions are
underway on the formation of the
new Government. Whatever its
composition, it has an enormous
task ahead of it to address the
serious problems facing the country,
particularly in the economic area,
and we would take this opportunity
of wishing it well in its work on
behalf of the people.
While the primary focus of political
activity over the next few years will
undoubtedly be the unemployment
problem, to which we all expect the
incoming Government to devote the
major share of its energies and
talents, we feel, nevertheless, that it
is important at this time to direct the
attention of the incoming
Government to the problems that
legal practitioners face in their work
on a day-to-day basis.
We think it is both opportune and
timely, therefore, to suggest to the
Government an agenda for action in
the legal sphere over the coming
year. The agenda we are putting
forward does not necessarily reflect
all the issues, but each of the items
listed represents a problem that has
been with us for some time and all
are, to one degree or another,
important to the legal profession and
its ability to serve the public. It will
be apparent that, should it prove
possible to have action taken on
these matters by the incoming
Government, considerable progress
would be made in our legal system,
apart from any credit which would
justifiably redound to the Minister(s)
in question.
The priorities, as we would see them,
are the following:
•
Substantial additional resources
for the courts
It has become increasingly clear
to us that the entire
infrastructure supporting the
courts service in this country
is seriously underfunded and
the system is now in crisis. We
need more judges at every level,
greater investment in support
staff and technology in the
court offices and a more
coordinated and cohesive
system of management in the
courts to address the many
problems that exist.
•
An improved Civil Legal Aid
Scheme
During the course of the last
twelve months, at least three
major reports (including that of
the Law Society) have pointed
to the serious inadequacies in
the civil legal aid scheme.
There is an urgent need to
broaden the scope of the
Scheme, to make more people
eligible to avail of it and allow
greater choice by bringing in
private practitioners. It is now
thirteen years since the Scheme
was established but it is not yet
on a statutory footing. We
would ask how long more can
any Government, claiming to
have a social conscience,
condone this neglect and the
denial of equality of access to
justice that this scheme
represents.
•
Solicitors to be made eligible to
be judges of the higher courts
This matter has been the
subject of a comprehensive
submission from the Society to
the Government in July of this
year. We can think of no
change that would lend greater
impetus to further desirable
changes in legal practice than
this. This is a provision that
must
be included in the
forthcoming Court and Court
Officers Bill.
•
Changes in Solicitors
(Amendment) Bill
It is to be expected that the
new Government will bring
forward the Solicitors
(Amendment) Bill in due
course. Some fundamental
changes are needed to this Bill,
including the removal of the
objectionable provision which
would allow banks and trust
corporations to provide probate
and conveyancing services, the
provision which would make
the Law Society liable for the
cost of the office of the new
Legal Ombudsman and the
provision which would
introduce fee advertising. In
addition, it is essential that
fundamental changes are made
in relation to the Compensation
Fund, including a provision
which would place a legal limit
or 'cap' on the level of claims
that could be brought.
•
Withdrawal of some provisions
of the Finance Act, 1992
This Act, which was introduced
without consultation and with
the minimum of consideration
in the Dail, places an
unacceptable burden on the
legal profession and threatens
the fundamental principle of
solicitor/client confidentiality.
We are calling on the
Government to modify this Act
by removing these objectionable
features. No other issue has
united the profession, or made
it more determined, in recent
years.
•
Major law reform programme
The new Government must give
greater priority to law reform
and should, as soon as
possible, announce a major
programme of law reform for
the 27th Dail. Family law and
criminal law are two priority
areas. We will have more to say
on this topic in the course of
the life of the new
Government.
•
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