The Gazette 1994

GAZETTE

JANUARY/FEBRUARY 1994

N E W S

Taskforce Establ ished t o Resist

Capp i ng Proposal

At its meeting on 2 December 1993,

the Council of the Law Society

authorised the President to establish a

taskforce to oversee the Society's

campaign to resist the proposal by the

Minister of State for Commerce and

Technology,

Seamus Brennan

, TD, to

place a cap on the amount that could

be awarded for pain and suffering in

personal injuries cases. The taskforce

will comprise the President of the

Society,

Michael V. O'Mahony; Noel

Ryan,

Director General;

Frank Daly,

Chairman, Public Relations

Committee;

Tony Ensor,

Chairman,

Litigation Committee; Council

members

Bruce St. John Blake, Barry

St. J Galvin

and

Gerry Doherty,

and

Eugene O'Sullivan,

a member of the

Litigation Committee.

! The Council noted that the debate on

the issue had moved away from the

question of whether Irish

compensation levels were or were not

higher than European norms. The

main focus of the Minister of State's

case was that the cost of insurance

was affecting competitiveness and

was a threat to jobs and that Ireland

could not afford to pay large claims

regardless of the systems operating

throughout Europe.

Michael V. O'Mahony,

President,

reported to the Council on a recent

meeting that had taken place with

Minister Brennan and a number of his

officials. There had been a frank

exchange of views. The Society

representatives had, he felt, brought

home to the Minister and his advisers

the complexities of the issues being

addressed and the realities involved in

the conduct of personal injury actions

in the courts. He said the Minster had

listened attentively to all the points

made by the Society and, in his view,

had been appraised of certain matters

for the first time at the meeting. The

President said that the Society should

continue to argue against the proposal

on the basis that it was unfair,

unworkable in practice and

unconstitutional.

The Council noted that over twelve

years ago the Society had identified a

number of steps that needed to be

taken in order to police safety

measures in the workplace and on the

roads. Twelve years on, it was clear

that these safety measures were not

being enforced. It was suggested that

the Society should continue to

highlight the effects of the level of

uninsured driving, the condition of

motor vehicles and the standards of

roads and driving in the country as

contributory factors to the number of

claims that occurred.

It was also felt that some members of

Cabinet might not be supportive of the

Minister's proposal unless it could be

shown that it would clearly benefit the

consumer. Therefore, it would be

important for the Society to continue

to lobby at a political level against the

proposal on the basis that it involved a

shifting of the burden from those

people who were at fault to victims

who were not at fault.

The Council was informed that a

leaflet was being prepared outlining

the profession's arguments against the

proposal. Copies of the leaflet would

be dispatched to members of the

profession for the distribution to their

clients.

Finance

The Council adopted a proposal from

the Finance Committee to increase the

Practising Certificate fee for the

practice year 1994/95 to £525.00, and

to increase the Compensation Fund

contribution to £600. The membership

fee of the Society was set at £50.00

and the contribution to the Solicitors

Benevolent Fund at £25.00. The total

contribution from each solicitor will,

therefore, be £1200.

The Council suggested that an

arrangement should be made with one

or more financial institutions so that it

would be possible for solicitors to pay

their fees in instalments.

The Council also suggested that a

letter explaining the necessity for

the increases in fee should issue to

each member of the profession.

(The President of the Society,

Michael V. O'Mahony, subsequently

wrote to each member of the

profession on 28 December 1993,

setting out the reasons for the

increases and highlighting the

activities of the Society on behalf of

, its members.)

Probate Tax

In the light of indications from the

Minister for Finance,

Bertie Ahern,

TD, that he would not be repealing the

probate tax, the Council suggested

that the Society should, in conjunction

with the IFA, convene a meeting of

the Alliance Against Probate Tax to

highlight its opposition to the tax in

advance of the budget.

Review of Requisitions on Title

The Chairman of the Conveyancing

Committee reported to the Council

that the Committee was commencing

a revision of the Requisitions on Title

and General Conditions of Sale. The

committee would welcome the views

of members of the Council and

members of the profession.

Compensation Fund

The Council approved a schedule of

payments from the Fund (see page

13).

The Chairman of the Compensation

Fund Policy Review Committee

reported that its work was near

completion and that the committee

hoped to circulate its report to the

Council in the near future.

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