The Gazette 1993

GAZETTE

NOVEMBER 1993

Wexford Circuit Court - the solicitors' and barristers' room.

additional judges - are needed if a

reasonable service is to be provided to

the public. The Law Society suggests

the appointment of temporary part-

time judges to the Circuit Court to

clear the backlog of cases. (There is

already power in law to do this.) An

additional benefit would be that this

could serve as a way of giving

candidates for judicial appointment

some experience of judicial office and

enable an assessment to be made of

their suitability for permanent appoint-

ment. The Bar Council has reserva-

tions about this and believes that the

independence of judges could be

undermined by such a development.

There must be an immediate end to

any embargo in relation to the

recruitment of additional staff in the

Circuit and High Courts and staff who

retire or leave must be replaced.

(Section 11)

A New Management Structure

• A lack of political commitment and

political decision-making has meant

that the management of the courts

service to date has been poor. There

has been a serious failure at political

• level to recognise that the courts are

providing a much needed service to

the public. That service requires

expert management. The submission

suggests that the courts are capable

of being run in a businesslike manner

and shows that the civil side of

court work could be made self-

financing.

• The courts service should be

established as an

Executive Agency

under the control of a director. This

approach (first outlined in the Devlin

Report in 1969) involves the

separation of the execution of settled

policy and the management of

executive functions on the one hand,

from the determination and review of

policy on the other. The Minister

would, of course, remain in overall

control, would continue to be

answerable to the Dail and to have

responsibility for laying down policy

but the Executive Agency, under the

control of a Director, would be

allowed to get on with the business

of providing an efficient service in the

courts, free from the day-to-day

constraints of the Civil Service.

(Section 12)

Judicial Commission

• The submission questions the

Government's decision to establish a

Judicial Commission to examine the

administration of the courts service

and whether there is any need at this

stage to inquire further into what

needs to be done. Is this another

stalling tactic or "escape hatch" for

inactivity? If there is to be a

Commission, it must be broadly

representative, including the

practising legal professions, and

must be established immediately and

be required to report within six

months.

Note:

The full text of the submission is

available to practitioners on request to

Mary Kinsella

at the Law Society.

Copies of the Society's submission to

Government on the proposal to cap

awards for pain and suffering in

personal injury cases are also available.

A summary of this submission will be

published in the December, 1993 issue

, of the

Gazette.

Incorporated Law

Society of Ireland -

Vacancy

Solicitor

The Professional Practice

Directorate of the Law Society has a

vacancy for a solicitor whose

principal duties will include

investigating complaints made by

members of the public and, where

appropriate, resolving disputes

between clients and solicitors.

It is anticipated that the solicitor

appointed will also act as committee

secretary to a number of the

Society's standing committees.

Reporting to the Senior Solicitor

| (professional Practice), the ideal

j candidate will have up to three years

experience of general practice and

possess excellent written and verbal

communication skills.

Written applications marked

personal

should be sent to the Senior

| Solicitor (Professional Practice),

Law Society, Blackhall Place,

Dublin 7 by December 3, 1993.