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GAZETTE
SEPTEMBER 1979
5.3
The Committee found itself in a position to assist many members who had
problems concerning obligations entered into by them in relation to undertakings or fees
chargeable by them in respect of work done. The enquiries are of a continuous nature and
deal with the various day-to-day problems that arise in the practice of a busy solicitor.
5.4
The Committee had to decline with regret expressing opinion on certain problems
presented to it which required advice on matters of law.
5.5
In conclusion, I would like to record my appreciation of the wholehearted assis-
tance and co-operation given to me by my fellow members of this Committee and by the
staff of the Society who so efficiently looked after the Committee's essential requirements.
PARLIAMENTARY
COMMITTEE
Donal G. Blnchy
Chairman
John Carrigan
Vice-Chairman
Joseph L. Dundon
Thomas J. Fltzpatrick
Robert M. Flynn
S. Carmel Killeen
Brendan A. McGrath
Raymond T. Monahan
Michael G. L. O'Connell
Frank O'Donnel!
Brian W. Russell
6.1
During the year under review the Committee studied and made submissions on
the following legislation:
(a)
Landlord and Tenant (Amendment) Bill 1979:
This was the third of a series in the
landlord and tenant legislation. The two 1978 Acts dealt mainly with the abolition of
ground rents and the right to acquire the fee simple. The present is a more
comprehensive Bill; it repeals in full the Landlord & Tenant Acts 1931 and the
Landlord & Tenant (Reversionary Leases) Act 1958 and makes new and
substantially different provisions for the protection of business tenancies, residential
tenancies and reversionary leases. A detailed submission was submitted by the
Committee to the Department of Justice. Members are advised to study this Act
carefully because it affects some very important changes.
(b)
Capital Gains Tax (Amendment) Act 1978:
Submissions were made on this Bill to
the Minister for Finance particularly with reference to Section 27 and the Committee
can happily report that some of the amendments sought here were incorporated in the
Act.
(c)
Succession Act 1965:
A supplemental submission was put in on this Act in relation to
Section 90 and arising from the Supreme Court decision in the case of
Rowe v. Law
and Others
in January 1979.
(d)
Capital Acquisition Tax Act 1975:
In a submission on this Act the Committee
pressed strongly for a change in the law affecting many family settlements, especially
in the case of farmers, where an appointment by a life tenant to a child frequently
results in the position that the disponer is the grandparent of the successor or donee
and, therefore, only enjoys a threshold of £30,000.00. There are many cases in
which this could give rise to a very heavy liability for inheritance tax. The Committee
regrets to say that this submission was rejected by the Minister but it is the intention
of the Committee to press this submission strongly again when the next Finance Bill
is being introduced.
(e) The Committee is in the course of preparing a submission on the Sale of Goods and
Supply of Services Bill. This is being dealt with for the Committee by former
President, Mr. Brendan McGrath, who has put very considerable research into it.
(f) The Committee also has in hand the preparation of a submission on the Tribunal of
Enquiry and Evidence Act.
Donal G. Binchy
Chairman
6.2
During the year the 20th Interim Report of the Committee on Court Practice and
Procedure was published containing recommendations for substantial increases in juris-
diction. This report was very carefully studied by the Committee and a full submission
was made both to the Minister for Justice and the Committee on Court Practice and
Procedure supporting strongly the proposals for increased jurisdictions of the Circuit and
District Court and urging that more extensive jurisdiction be given to the District Court in
family law matters and criminal injury applications. In supporting the proposals for
increased jurisdiction the Committee warned, however, that a proper assessment would
have to be made of the increased work load that will fall on the Circuit and District
Courts; and that adequate provision will have to be made for the provision of additional
judges, justices, registrars, clerks and other officials servicing these Courts; also that there
will have to be adequate and sufficient Courtoom facilities. The Committee also consid-
ered F.L.A.C.'s report on the same subject; their report was considerably at variance with
the Committee's views but a meeting has been arranged to discuss same fully with
F.L.A.C.
6.3
Various other Bills or Acts were considered including the Redundancy
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