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VOL. 87 NO. 2

JULY/AUGUST 1993

The Lean Arm of the Law

In the

Irish Independent

of 22 June,

1993 in an article entitled "The Lean

Arm of the Law",

Liz Allen

reported

on the findings of an "unpublished

Law Society survey" which showed

that many lawyers were struggling

financially. She commented that the

fact that 82% of the respondents

wanted new guidelines on fees was

testimony to a large degree of

dissatisfaction among practitioners

throughout the country about their

earnings capacity.

Crisis in the Administration of

Justice

An address by the Chairman of the

Bar Council,

Peter Shanley

SC, in

which he criticised the lack of

resources in the courts was reported in

the print and broadcast media on 16

June, 1993. The

Irish Independent

and

Daily Star

of 19 June, 1993, reported

on the call to judges by the President

of the Law Society,

Raymond

Monahan

, to speak out about the

country's inadequate courts system.

There were huge delays in all the

courts, facilities across the board were

completely inadequate and there had

been a complete failure to address the

reform of our law seriously, said

Raymond Monahan.

Law Society Criticises Tax Amnesty

Legislation

A submission by the Law Society to

the Minister for Finance criticising the

proposed tax amnesty legislation as

being draconian and rushed and

pointing out that the amnesty was

mandatory, was reported in the

Irish

NORTHERN IRELAND

AGENT

* Initial Consultation Free

* All forms of work undertaken

* Competitive Rates

* Consultation in Dublin if requested

* Legal Aid Available

Contact:

Kevin J. Neary BCL

Donnelly Neary & Donnelly

Solicitors

1 Downshire Road, Newry,

County Down

Tel: (080693)64611

Fax: (080693) 67000

Independent

and

Irish Times

of 2 July,

1993. The Senior Vice President of

the Society,

Michael O'Mahony

, was

interviewed on the RTE radio

News at

One

programme, the RTE radio

Today

at

Five programme and the evening

TV and radio news bulletins of that

day. Michael O'Mahony pointed out

that the Bill had been rushed through

the Dail with insufficient time for

debate or to consider amendments. He

drew attention to the mandatory

nature of prison sentences provided

for in the Bill which, he said,

interfered with the discretion of the

courts as to how such offences should

be punished.

Michael O'Mahony, Senior Vice

President Law Society, criticised tax

amnesty legislation as "draconian and

rushed"

On the RTE Radio current affairs

programme.

This Week

on Sunday, 4

July, 1993, the Minister for Finance,

Bertie Ahern,

said he would

reconsider this aspect of the

legislation. An amendment was

subsequently adopted which provided

for mandatory prison sentences only

where the offences committed

concerned sums of £100,000 or more.

Barbara Cahalane

(~J

In Ireland

COT DEATH

is the

largest killer of children under the

age of two. The Irish Sudden

Infant Death Association supports

bereaved families and funds cot

death research. If your client

wishes to make a will in favour of

Cot Death Research

further information is available from

I S I D A

Carmichael House,

4 North Brunswick Street, Dublin 7.

Telephone: 8747007 / 8732711

Practice Notes

(Continued from page 206)

Confusion re Law Library

Fax Number

There is an increasing incidence of

faxes intended for barristers in the

Law Library at the Four Courts being

sent to the Law Society's library.

These faxes can contain highly

confidential and sensitive material.

While the staff in the library of the

Law Society make every effort to

notify solicitors of their error and to

destroy the information, nonetheless,

solicitors and their staff are requested

to exercise care that the correct fax

number is used when material is

being faxed to the Law Library in the

Four Courts.

The fax number for the Law Library

in the Four Courts is 8720455. The

fax number for the

Law Society's

Library

is 6770511. Please note these

two fax numbers carefully.

Family Home Declarations

- Correction

Practitioners are requested to note

that averment No. 2 of Form 3 of the

Family Home Declarations, circulated

with the June, 1993 issue of the

Gazette

should read as follows:

"The property is not our family home

within the meaning of that term in the

Family Home Protection Act, 1976

nor is it the family home of any other

person. Neither we, nor any other

married couple, have ordinarily

resided therein since we became the

owners thereof. Our family home is at

in the County of

The property does not include any

garden or portion of ground attached

to or usually occupied with our family

home or otherwise required for the

amenity or convenience of our family

home."

210