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GAZETTE
JUNE 1994
V i e w p o i n t
Continued
hard in opposing the proposal that
there should be a 'cap' placed on
compensation awards in personal
injury actions. Moreover, the Society
has represented the interests of the
profession in seeking improvements in
the Courts Service, in the area of legal
aid (both civil and criminal) and in
dealing with third party returns
introduced in the Finance Act, 1992.
The profession will also be aware that
the Solicitors Bill will contain a 'cap'
on Compensation Fund payments and
other reforms in relation to the
operation of that Fund.
It needs, perhaps, to be emphasised
that a professional regulatory and
representative organisation can only
function with a high quality,
professional staff. While it is clear that
the staff of the Society has been
growing in recent times, so too has the
work of the Society in both volume
and complexity. Computerisation has
also, of course, added very
considerably to Society costs in the
past two years but this will yield
substantial benefits and contain staff
costs over time.
Questions have been raised about the
financial burden on the Society of
maintaining its premises at Blackhall
Place. The Society believes that the
overall cost of the upkeep and mainten-
ance of the premises are substantially
less than it could expect to pay annually
by way of rental for a modern
downtown office appropriate to its
needs. It must be remembered that the
Society's headquarters has to provide
accommodation for a Law School (that
can cater for in excess of 200 students
at a time) committee and consultation
rooms for 28 committees and the
Council and appropriate accommo-
dation for staff, for ceremonial, social
and other functions. It must be very
doubtful whether it would ever be
possible to find a premises better suited
to the needs of the Society than those at
Blackhall Place.
While the concerns of members in
relation to the growing cost of the
Society is both appropriate and
justified, it is important that the issue
is seen in perspective. At the same
time it is right that the Society should
appreciate that, like the
Skibereen
Eagle,
there are members out there
keeping a close eye!
•
C o m p a n y a n d C o mm e r c i a l L a w
C o m m i t t e e N e w s
Company Law Review Group
The Minister for Enterprise and
Employment has established a
Company Law Review Group to focus
on examinerships and
recommendations of the Ryan
Commission and Small Business Task
Force. Committee member,
William
Johnston,
of Arthur Cox, has been
appointed to the group.
Under the terms of reference of the
group they are to report to the
Minister by 30 November next on:-
• Companies (Amendment) Act, 1990
(the "Examinership" Act).
• Part II, Companies Act, 1990
(investigations).
• Recommendations of the Ryan
Commission, e.g. possible need for
a statutory requirement to state
compliance with accounting
standards, establishment of a review
panel, role of auditors, corporate
governance issues, etc.
• Part V, Companies Act, 1990
("insider dealing").
• Examine implementation of any
recommendations of the Small
Businesses Task Force for changes
in company law.
• Chapter I of Part VII of the
Companies Act, 1990 - provisions
relating to restriction on directors.
• Examine the position of farmer
creditors in the event of company
liquidation.
Following completion of the tasks it is
anticipated that the group will then
examine:- (a) technical aspects and
any other aspects arising from
submissions received on the foregoing
or referred to the group by the
Minister; (b) the need for a
commercial court and (c) possible
consolidation of all company law.
The Company and Commercial Law
Committee is making various
submissions to the group on the
matters under review.
Commercial Agents Directive
The Minister for Enterprise and
Employment made Regulations on 21
February 1994, entitled European
Communities (Commercial Agents)
Regulations, 1994 (S.I. 33 of 1994)
for the purpose of giving effect to
Council Directive 86/653/EEC of 18
December 1986, on the co-ordination
of the laws of Member States relating
to self-employed commercial
agents. The Regulations deal
with the relationship between
commercial agents and their principals
and their respective rights and
obligations.
Unfair Contract Terms Directive
EC Directive 93/13 on unfair terms
in consumer contracts was adopted
on 5 April 1993. The aim of the
Directive is to regulate the domestic
legislation of Member States on
unfair terms in contracts between a
seller or supplier and a consumer.
Member States are obliged to enact
appropriate legislation and to
comply with the Directive by 31
December 1994.
Company and Commercial Law
Committee
n
170