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GAZETTE
N E W S
AUGUST/SEPTEMBER 1994
A d v e r t i s e m e n t D i s c r i m i n a t es a g a i n s t
S o l i c i t o r s i n P u b l i c S e r v i c e
The Law Society has taken action on a
further instance of discrimination that
has become apparent in relation to the
eligibility of public service solicitors
for legal posts in the public service.
The Society has been in
correspondence with the Civil Service
Commission and the Department of
Social Welfare concerning an
advertisement seeking a Legal
Adviser in the Department of Social
Welfare which effectively rendered
solicitors whose entire careers had
been in the Public Service ineligible
for the post.
The advertisement which appeared in
the national newspapers on 9 and 10
June last, stipulated that applicants
must be solicitors or barristers who
have practised for at least four years
in the State. A note at the end of the
advertisement stated that service in a
whole-time position as a solicitor or
barrister in the public service would
reckon for the purpose of the
qualifying period, but only to a
maximum of two years.
In a letter to the Secretary of the Civil
Service Commission, the Director
General of the Society,
Noel Ryan,
stated that: "representations have been
made to the Society by a number of
solicitors employed in a whole-time
capacity within the public service in
relation to the eligibility conditions
for this competition. They have
objected to the conditions on the
grounds that these conditions
discriminate against them." The
Society supported the solicitors in
their view, he added, and believed that
their complaint was well-founded.
Provisions should be withdrawn and
post re-advertised
The letter continued: "The Society
would be glad to have your views as a
matter of urgency as to the
justification for this eligibility
provision. The Society would take the
view that, unless the duties of the post
are such as to require experience in a
private law firm - and the Society is
not aware of any reasonable basis on
which such a requirement could be
stipulated - the provision should be
withdrawn and the competition re-
advertised on the basis that equates
practice within the public service with
private practice for the purpose of the
qualifying period."
Response "disappointing"
The initial response from the Civil
Service Commission, which stated
that regulations governing
competition of this nature were drawn
up with the relevant employing
department/office and that "it is
generally accepted that applicants for
such competition should have gained
experience in outside practice", was
described as "disappointing" by the
Director General in a further letter to
the Commission on 4 July. The
Director General posed two further
questions in the light of the
Commission's response: (a) by whom
is it generally accepted that applicants
for this competition should have
gained experience in outside practice?
and (b) why?
The correspondence was also sent to
the Minister for Social Welfare.
The Council of the Society considered
the matter at its meeting on July 22
and took the view that the attempt by
the Civil Service Commission to
defend the exclusion of public service
solicitors from the competition was
unconvincing.
The Council decided to pursue the
issue further and also to continue to
pursue the issue of ineligibility of
solicitors for appointment to posts in
the office of the Attorney General.
Following further correspondence, the
Civil Service Commission agreed to
reconsider the matter in relation to
any further competition that may be
held on the basis that the selection of
a successful candidate could proceed
in the Social Welfare competition.
S e d g w i c k G r o u p t o
a d v i s e o n I n d e m n i t y
I n s u r a n ce
The Council of the Society has
endorsed the appointment of the
Sedgwick Group as consultants to
advise the Society on the introduction
of compulsory professional indemnity
insurance. When enacted, section 26
of the Solicitors (Amendment) Bill,
1994, will permit the Society to
introduce regulations making it
compulsory for solicitors to obtain
professional indemnity insurance
prior to obtaining a practising
certificate. The majority of the
profession currently carries indemnity
cover. The Solicitors Bill provides
that, in drawing up the regulations,
the Society may decide to operate a
mutual fund, a master policy, or a
system of approved insurers.
Under the Solicitors Bill the practice
year will change from 5 January to 1
January, with effect from 1 January,
1996 and it is intended that the
insurance year would change
similarly.
The Council was informed that the
Sedgwick Group had been chosen for
the work because the company had
extensive experience, through the
Group internationally, in the
introduction of professional
indemnity insurance schemes in
Scotland and elsewhere. Working
under the direction of the
Professional Indemnity Insurance
Committee, established by the
Council in June 1994 to oversee the
introduction of compulsory indemnity
insurance, the consultants will advise
on the best option open to the Society.
They will also assist the Society
generally in deciding on the terms and
conditions upon which cover will be
provided and in dealing with insurers
in the marketplace and establishing
a scheme.
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