The Gazette 1981

GAZETTE

SEPTEMBER 1981

achievements will speed up to a frightening degree. It is

not long since a computer filled a room; now there arc

computers that would barely fill one's hand.

Data Processing, Word Processing, all manner of

computer sciences, are expanding at a hectic rate. Wc

cannot allow ourselves to fall behind in matching the

achievements of c omme r ce in meeting the d emands that

these achievements create. Justice delayed is justice

denied, but a rush to Judgment is not the solution for

weighty problems. The ready reference programme from

the computer cannot supplant analysis by intellect — no

sausage machine can reproduce refinements of flavour;

and the need for dialectic in debate — profundity in

argument and in submission will remain.

A more frightening aspect of our age, not for the I gal

profession alone, but for the public at large, is the growth

of computerisation, the end result of which, within a

relatively short time must be, in the absence of controlling

and enforced legislation, the laying of the foundation of a

Police State — a computerised filing system covering

every citizen. This vision of 1 9 84 is far from unreal.

Ma ny

financial

institutions

—

Banks.

Insurance

Comp a n i e s, Hire Purchase Comp a n i e s, are computerised.

In effect, this means that every one of us with a Bank

Ac c o u n t, an Insurance Policy, a Mortgage from a

Building Society, an arrangement with a Hire Purchase

C omp a n y, the recipient of Social Welfare benefits, the

holder of Credit Cards, the user of Credit Ac c o un t s, is a

computerised individual.

The day must c ome when all of these several sources of

information, at present in relatively private hands, can

b e c ome the subject of one great computer and the life of

every citizen will, by throwing a switch, b e c ome an open

print out, available at the behest of whoever has control.

The consequences are o b v i o us —

control of this

information in anyone's hands is a terrifying prospect, in

which bugging devices and concealed microphones would

b e c ome irrelevant.

The Omniscient State

One cannot legitimately prevent the State from acquiring

a modicum of knowledge about every citizen — the

danger lies in the transfer of information from a variety of

sources to one central area — the correlation of all of

these sources together — and the consequent removal of

all privacy from the private citizen. We must seek to

provide legal safeguards in a computerised society with

consequent control of a c c e ss to information.

There is, in Ireland, no statutory restriction on the

passing of information. To call the Constitution in aid

would be a most c omp l ex and uncertain procedure

requires legislation and is a field in which oui profession

could and, I believe, should lake a stand and make

representation to the Law Re f o rm Comm i s s i o n, to which

body the contribution of this branch of our profession has

not been overwhelming! This would be but one step in

promoting the very laudable objective propounded by the

Secretary of the Tipperary Sessional Bar Association, as

cited in the Report of the late Sir T h omas Lund to the

International Bar Association Con f e r e n ce in Dublin, in

1968:

"In my opinion, the lack of communication between

flvj profession ;md the public is cVremclv serious.

An enlightened c ommu n i c a t i on service — or Public

Relations service — to prevent the profession being

constantly misrepresented to the general public, is a

fundamental necessity for every Bar Association".

These observations by Mr. John Carrigan, s o m e t i me

President of this Society, have even more force to-day

than they had in 1 9 6 8. If our profession were to promote

legislation of the kind that I have suggested, it would be

one step in the direction of securing a better image for the

profession in the e y es of the public. S o also, in very ma ny

other fields, I ask has our profession no view on such

matters as abortion, euthanasia, access to the Courts, the

legal education of the non-lawyer? The field is great; the

time is running out. Rather than analysing the many petty

disputes that arise between members of our Profession —

Solicitors and Barristers — let us c omb i ne looking at the

future of our profession with looking at the future of our

country.

The Law may be an ever-inadequate human endeavour

to divide justice, which is divine, into compartments, but

let us not fail in contributing to the effort that should be

made to afford a reasonable degree of justice for all.D

INCORPORATED LAW SOCIETY OF IRELAND

BLACKHALL PLACE, DUBLIN ".

VACANCIES FOR

ASSISTANT EXAMINERS

Final Examination — First Part

Applications are invited from practising lawyers for the posts of

Assistant Examiners for the Society's Final Examination —

First Part in the following subjects:

Tort

Company Law

Contract

Constitutional Law

Real Property

Criminal Law

Particulars of the posts are available from the undersigned to

whom applications (with curriculum vitae in each case) should

be furnished not later than

9th October, 1981.

Professor Richard Woulfe,

Director of Education.

EXCELLENT SUITE OF

OFF ICES

Wellington Quay, Dublin 2

Completely refurbished - Ideally suited for the Legal

Profession Four Units from 213 sq. ft. to 734 sq. ft

Two telephone lines available in each unit.

LISNEY & SON. Tel. 601222