The Gazette 1981

INCORPORATED LAW SOCIETY OF IRELAND

GAZETTE m

May 1981

Comment. . .

Vol. 75, No. 4

In this issue . . .

Comment

Insurers at Bay — Repercussions of Gammell v. Wilson 77

Family Home Protection Act:

Evidencing Spouse Consent 79 Consent of Minor Spouse 79 For Your Diary 79 The Tachograph - "The Spy in the Cab" 81 Bills of the Oireachtas 1981 83 Completion before Assurance 85 Court and Excise Stamps 85

Quote

Fees payable to Commissioners for Oaths 85

SADSI - Inaugural Meeting

Book Note 88

IBA

Apprenticeships 88 Professional Information 90

Executive Editor: Mary Buckley

Editorial Board: Charles R. M. Meredith

Chairman

John F. Buckley

William Earley

Michael V. O'Mahony

Maxwell Sweeney

Advertising

Liam Ó hOisin

Manager:

Telephone: 305236

The views expressed in this publication, save where other

wise indicated, are the views of the contributors and

not necessarily the views of the Council of the Society.

Published at Blackhall Place, Dublin 7.

T is with a feeling of envy that we observe the attempt

of the Law Society of England and Wales to achieve an.

amendment to the Supreme Court Bill, the effect of which

would be to entitle certain solicitors to be appointed to the

High Court Bench in England and Wales. Envy because,

for ten years now, solicitors of ten years standing have

been entitled to be appointed Recorders in England and

Wales and, after three years service as Recorders, have „

been entitled to be appointed Circuit Judges. The

amendment which the Law Society of England and Wales

is advocating would provide that only Barristers of ten

years standing or Circuit Judges would be entitled to

appointment to the High Court Bench. The present

provision only entitles Barristers of ten years standing to be

so appointed.

It is ironical that while solicitors in England and Wales

do not have the same comprehensive rights of audience in

all the Courts, which since 1971 have been conferred on

solicitors in the Republic of Ireland, the entitlement of

appointment as Circuit Judges has been more readily

conferred there than here.

From time to time it is said that one reason for the

reluctance of the members of the solicitors' profession

here to exercise their rights of audience in the higher

Courts has been an apprehension that the exercise of such

rights would be viewed with disfavour by certain judges.

The view has been expressed that, until such time as

solicitors, or solicitors who have been District Justices for

a number of years, are seen to be entitled to be and are in

fact appointed to the Circuit Court bench, the fear of

indications of disfavour by some members of the bench

will persist, even if the fear is an unreasonable one.

The solicitors' profession has made great strides in

recent years, not least in its education and training

programmes, both prior to and after qualification and its

members hold many positions of responsibility in the

public, political and business fields. Many solicitors have

served with distinction, in the most adverse circumstan-

ces, as Justices of the District Court, since the foundation

of the State. Approaches to the Minister for Justice

requesting an amendment to the present Courts Bill to

permit the appointment of solicitors as Judges of at least

the Circuit Court have not apparently been successful.

It is time that the solicitors' profession took more

active steps to pursue this aim so that it may more clearly

be seen that solicitors are not in the "second-class" in the

practice of the law. •