The Gazette 1984

GAZETTE

JULY/AUGIJST

Ma n y topi cs at Ha l f - year ly Meet ing

HE need for High Court jury trials in Tralee, and for

a Court Registrar for the second Circuit Court for

criminal cases in Cork were among the points raised at the

Incorporated Law Society of Ireland half-yearly general

meeting in the Hotel Europe, Killarney, on May 4/5,

1984.

Welcoming the meeting to Killarney, the President of

the Kerry Bar Association, Mr. Donal Browne, said that

the holding of these meetings at country venues resulted

in closer ties between the Council and Administration

with country members. Representation of the local Law

Society on the council resulted in members at local level

getting reports of the Council of the Society and

developing an appreciation of its many activities.

Commenting on the situation in Kerry, he said that

every location in the country had its own problems; in

Kerry there was great scenery, but unfortunately people

could not eat it. On the other hand, the land was poor and

in many cases not properly transferred for many years.

This resulted in a low volume of conveyancing work and,

at the same time, a considerable amount of difficulty for

solicitors in the area. From the point of view of reflecting

the local opinion, the Kerry Law Society found that its

active participation in the affairs of the Council was most

useful.

Mr. Browne also paid tribute to the President and the

Director-General for the work they had undertaken on

behalf of the members.

Formal proceedings

The notice convening the meeting was taken as read

and adopted.

The Minutes of the Annual General Meeting, held on

18th November, 1983, which were published in the

January/February 1984 issue of the

Gazette,

were taken

as read and signed by the President.

On the proposition of Mrs. Moya Quinlan, seconded by

Mr. D. Binchy, the following were appointed as

Scrutineers of the Ballot for the Council for 1984/85:

Messrs. L. Branigan, G. Doyle, J. R. C. Green, E.

McCarron, A. J. McDonald, P. C. Moore, P. D. M.

Prentice and R. T. Tierney.

President's Tribute

Before making his address to the meeting, the

President, Mr. Frank O'Donnell, referred to the death of

Mr. Paddy McEllin, of Claremorris, a member of the

Council. He paid tribute to the service given by Mr.

McEllin to the profession over many years.

The members stood in tribute to Mr. McEllin's

memory.

The President thanked Mr. Browne, President of the

Kerry Law Society, for his welcome and encouraged other

Bar Associations, which were not represented on the

Council, to face up to the challenge of having somebody

elected. He emphasised the importance of direct liaison

between the local Bar Association and the Council of the

Law Society.

The President then delivered his address to the meeting.

A copy of this address is filed with the Minutes.

Retirement Fund

The Chairman of the Finance Committee, Mr. T.

Shaw, reported on the present situation of the Retirement

Fund, which was established in 1975. The current value is

approximately £3.5m. and the increase in the past year

was 30%. The average annual increase in the Fund over

the nine year period was 35.6% which was free of tax.

Approximately 63% of the total Fund was invested in

Ireland and the major external investments comprise

E.E.C. fixed interest bonds, Japanese and U.S. equity

investments representing approximately 25% of the entire

Fund, with the balance of approximately 12% invested in

the U.K. The number of members participating in the

Fund had increased over the year, notwithstanding the

very young age profile of the profession. Mr. Shaw

referred to the tax advantages to be gained from partici-

pation in the Fund and recommended that members liaise

with their own accountant in determining the maximum

level of 'tax free' contributions.

He also drew attention to the Income Continuance

Plan organised for the Society by Irish Pensions Trust

Ltd.

Audits/Investigations

The Director General referred to a letter dated 11th

April, 1984, received from Mr. T. C. G. O'Mahony,

Dublin 2, contending that the Society was offending an

important safeguard for members of the profession under

the Solicitors' Acts 1954-1960, by arbitrarily directing

and insisting that its accountant employee carry out

audits/investigations of members' books, records and

files and with a full disclosure of findings to members and

other officials of the Society, such disclosure, including

unrelated personal matters contrary to the intention and

spirit of the said Acts. Mr. O'Mahony asked that that

matter raised be considered at a Special Meeting of the

Society to be convened by the Council. The suggestion of

calling a Special General Meeting was not supported. It

was agreed that Mr. O'Mahony be written to informing

him that his proposal did not receive support at the

General meeting and that the letter was taken as "Read".

Problem for Kerry

Mr. Louis O'Connell referred to the need for High

Court Jury Trials in Tralee. As he saw it, the Cork doctors

were going to charge more and more for going to cases in

Limerick. He felt strongly that the ordinary person in

Kerry was entitled to some consideration of the matter in

High Court actions. The President said he was familiar

with the lengthy delays in the High Court List in Cork. He

understood that at the last sittings, there had been some

improvement. The Limerick situation was good but,

locally, there was a fear of backlog building up, due to the

unsatisfactory situation in Cork. As far as Dublin was

concerned, the High Court List was being "eaten up" at a

rapid rate. The Society had made representations

regarding the provision of a High Court in Tralee, but the

most effective way to make representations was probably

through An Tanaiste, who was a local T.D.

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