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
j
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.
n
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.