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Broad Discussions at Society's

Annual General Meeting

The President, Mr. David R. Pigot

presided at the Annual General

Meeting of the Incorporated Law

Society of Ireland at Blackhall

Place, Dublin, on November 12th

1987.

The formal notice convening the

meeting and the minutes of the

Half Yearly General Meeting having

been taken as read, the Chairman

of the Finance Committee, Mr.

Ernest J. Margetson proposed the

adoption of the audited accounts

and balance sheet, Mr. Brendan

Garvan queried the Law Society's

control over expenditure in view of

the increase of 24% in total expen-

diture from 1984 to 1986. He con-

tended that it was out of control

and that the increase in the

numbers paying membership

subscriptions and Practising Cer-

tificate fees should have enabled

the Society to reduce the Practis-

ing Certificate fee level.

The extra income generated by

the increased numbers was (a)

Membership Subscription £3,000

in 1985 and £10,000 in 1986 and

(b) Practising Certificate fees

£38,000 in 1985 and £27,000 in

1986, to add to the total annual in-

come of (approximately) £1m.

Mr. Margetson stressed that ex-

penditure was strictly controlled

and all items were continuously ex-

amined to ensure that they were

justifiable. The 1986 accounts

showed^such expenses as payroll

and related costs which included

an extra solicitor for the Com-

plaints Department, Public Rela-

tions expenditure on the video "Its

the Law" and "The Newsletter".

The extra expenditure had receiv-

ed the approval of Council and

such outlays, particularly the extra

professional support in the Com-

plaints area and investment in new

technology, will show beneficial

effects.

The Chairman also pointed out

that the total annual amount

payable per member was, in fact

£6 less in 1986 than immediately

prior to 1984. Mr. Garvan stated

that he was referring to the Prac-

tising Certificate fee level (the

Membership Subscription/Practis-

ing Certificate fee increased by 9%

in 1985 and 5% in 1986).

No further points were raised

and the accounts were then

adopted.

New Bye Law Proposed

In opening the Report of the

Council for discussion, the Presi-

dent said that he would take with

it the resolution standing in the

name of Mr. Maurice R. Curran and

Mr. Rory O'Donnell.

The following Resolution was

then proposed:-

"That Bye Law 38(b) be deleted

and replaced by the following sub-

clause:-

38 (b) Any past President of the

Society who has ceased at

any time to be a member of

the Council and who notifies

the Council in writing of his

desire to participate in the

affairs of the Council shall

so long as he remains a

member of the Society:-

(i) In the first year after he

ceases to be a member be

entitled to receive notices

and agendas, papers for

and to attend at all

meetings of the Council,

and to speak and vote

thereat;

(ii) In any subsequent year shall

be entitled to receive

notices and agendas,

papers for and to attend at

all meetings of the Council,

and to speak and vote

thereat provided that in the

previous year he has at-

tended at least five

meetings of the Council;

(iii) Any past President of the

Society who has ceased at

any time to be a member of

the Council and who does

not qualify under the provi-

sions of sub-clauses (i) or (ii)

above shall, so long as he

remains a member of the

Society, have the privilege

of receiving notices and

agenda papers for and to

attend at all meetings of the

Council and to speak but

not to vote thereat;

Provided however that any

such privilege as is provid-

ed in sub-clauses (i) or (ii)

above may be suspended or

removed from any such

past President in the same

manner as is provided in

Bye Laws 47 and 48 of the

Society for the suspension

and removal of a member of

Council.

Mr. Curran said that in proposing

the Resolution, he had in mind a

limited number of Past Presidents

who attended regularly at the

Council, participated in discussions

and regretted that they could not

vote. The resolution had been

worked to ensure that on particular

issues, Past Presidents would not

come out of the woodwork to have

a deciding voice on a decision. The

adoption of the Resolution would

give younger members a greater

opportunity of election to the

Council.

Mr. John Maher said that as a

Past

President

he

was

wholeheartedly in support of the

Resolution. As a regular attender at

the Council he had a feeling of

isolation in having no vote on

issues discussed. The proposal

was a reasonable compromise bet-

ween the Past President having no

vote and the interest of the elected

Council Member.

Mr. Ken Murphy said he was

against the Resolution. It would

make the Council more remote and

unresponsive to members than is

currently the situation. He listed

the votes on major issues which

had been taken over recent years

and said he did not know how the

Past Presidents would have voted,

had they a vote, but they had very

fixed views and were by nature

conservative. Several members of

the Y-ounger Members' Committee

were opposed to the proposition as

was the Committee of the Society

of Young Solicitors. He was not

convinced that in adopting it, the

Society would be going in the right

direction for the 1990's.

316