The Gazette 1996

GAZETTE

P R E S I D E N T ' S

M E S S A G

—

A Breach of Trust?

Andrew F. Smyth

k is with regret that I commence my

first message to you in 1996 with a

question which might well be

rhetorical depending on one's

viewpoint. However, I feel it is

incumbent upon me to clarify the

Position relating to what has now

become common knowledge i.e. a

breakdown in communication between

the Law Society and the Bar Council.

It has been alleged by the members of

the Bar Council who attended a

haison meeting with the Society's

representatives on 22 November 1995

that following this meeting the

Society's representatives collectively

nd individually were in breach of

trust in that they pursued a determined

lobby of members of the Oireachtas

a n

d pressed for an amendment to the

Courts and Court Officers Bill

t h e r e by members of the solicitors'

Profession would be eligible for

PPointment as judges in the Higher

Courts, and in doing so they breached

> assurance given at the said meeting

that no such steps would be taken by

the Society's representatives.

This

allegation is totally and utterly

without foundation.

There were in all nine members of the

solicitors' profession at that meeting

and we are all in agreement that no

such assurance was given as this

would have been quite contrary to the

expressed opinions of the

representatives at that meeting and

also in the view of each of the

representatives quite contrary to the

wishes of the profession as a whole.

The truth of the matter is that at the

meeting in question it was agreed that

our differing views were accepted and

that each party would, as it were,

plough its own furrow without

denigrating the other. Our efforts in

lobbying the members of the

Oireachtas adhered strictly to that

agreement and at no time did we in

any way seek to be critical of or to

undermine the Bar. The fact that the

Bar Council also extensively lobbied

in similar fashion is conveniently

overlooked by them.

! The members of the Bar through their

chairman

James Nugent

have in my

view quite unfairly and totally without

justification repeatedly accused the

membership of the solicitors'

delegation of breach of trust and have

compounded that statement by

placing a notice on the board of the

Bar Library confirming the allegations

and also bringing the matter to public

notice in the newspapers. I, on my

part, have sought to meet with the Bar

representatives by corresponding with

them and seeking a discussion of the

matter with a view to reaching an

amicable conclusion, but so far have

failed to receive any positive reaction

and the allegations remain in place. I

regret very much that the Bar Council

have seen fit to allow the matter drift

in this fashion, but I will continue to

endeavour to minimise the adverse

effects it is having upon relations

between the two professions. I would

hope that when my next message is

published, that the impasse will have

been successfully overcome.

Since the coming into force of the

Courts and Court Officers Bill the

profession will be aware that solicitors

now have a right of appointment to

the Circuit Court and on serving four

years therein to appointment to the

Higher Courts. The committee set up

under the Act to make

recommendations for these

appointments is now in place and the

profession will be represented thereon

Tom Shaw,

Solicitor of Mullingar,

a former President of the Society.

Since the pre-Christmas meeting of

Council you will be aware of the

decision of Council with regard to

admission to the Law School. The

decision to make all aspirants sit an

Entrance Examination has been taken

in the context of achieving a requisite

standard for admission to the

profession. This is the sole criterion

for this decision and it is felt that

there is now a level playing field for

all students from whatever educational

background. It is to be hoped that this

will bring to an end the long running

difficulties in the educational area and

that we can look forward to success in

both the under-graduate and post-

graduate sectors.

Might I again bring to your attention

the report of the Review Working

Group and remind you that the agreed

Special General Meeting to report

back to the membership will take

place in Blackhall Place at 6.30p.m.

on Thursday 7 March, 1996. There is

still time for you to make submissions

on the Report as received and I would

ask you to give the matter your

immediate attention. Council will hold

a special meeting in February to

discuss the report at length and its

findings will be brought to the

membership at the said Special

General Meeting.

May I in closing, if somewhat

belatedly, wish each and every one of

you a happy and prosperous year.

Andrew F. Smyth