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wife's story and will agree that prima facie she has
suffered such cruelty,
ill
treatment or neglect as
to
warrant her claim to be entitled to live apart from her
husband.
The problem is how a separation can be brought about
and maintained as long as it is necessary for her pro
tection. The house is probably in the husband's name
and she has no relatives able to provided a home and no
resources to find and pay for one. If she does set up a
separate home, she has not the strength and determination
to keep a bullying husband out, and she will not get any
help from anyone unless the husband is very obviously
violent.
The law being as it is it is quite impractical to provide
these wives with aid to obtain a divorce a mensa et thoro
in the High Court for obvious reasons and the husband
may refuse to sign a Separation Agreement. Here I wish
to draw attention to the fact that the remedies available
do not seem to be adequate. I fear that politicians,
prelates, philanthropists and professionals have not sought
the remedy firmly enough or have been shy of implications
of facilitating what might be
thought of as
" easier
divorce ". What is involved here is not divorce but a legal
separation of the spouses for the protection of the suffer
ing members of the family and a speedy simple process
is required. The remedy should provide for separation
on proof of persistent cruelty
incuding drunkeness,
neglect or adultery and for custody and access
to
children.
It should also provide for maintenance of
depending spouse and children and for rights over the
family property including an appropriate transfer of the
tenancy of a home to the wife. Provisions for recon
ciliation both in the formal way and where the parties
informally " come together" would seem appropriate.
Effective penalties for invasion of the other spouse's
home and right to live separately would be required.
Until a new such process of procedure is provided and
this situation remedied we will still be faced in the com
munity with the consequential grave problem of juvenile
delinquency on an ever increasing scale. The Probationary
Service of which I spoke six months ago is entirely
inadequate. Reform is urgently required and I exhort the
Government to give serious consideration to this situation.
Possibly this is a matter which might be referred to the
Commission on Women's Status, which the Taoiseach
intends to establish.
Whilst the increase in the amount payable on Main
tenance Orders recently promised by the Minister for
Justice will be welcome, it will not provide at all for
the case where the husband has not left the home and
the wife cannot arrange or afford to leave and cannot
sustain a case of constructive desertion while living in
the same house with him. Often the wife will not leave
because she will not desert her children.
TOWN PLANNING NOTICES
The procedure whereby a single small Notice of
intention to build
is inserted in the newspapers, not
necessarily even the local newspaper, is deemed sufficient
to enable permission to be sought and duly obtained for
such work
is quite inadequate for
the protection of
neighbours. It is a grave state of affairs that a man's
property may
be
drastically reduced in value merely
because he failed to observe a minute notice in some
obscure oosition in a newspaper. This matter should be
remedied immediately.
SOLICITORS' BENEVOLENT ASSOCIATION, THE
SOCIETY OF YOUNG SOLICITORS AND BAR
ASSOCIATIONS
I earnestly appeal to all members of the Society to
join the Solicitors Benevolent Association, The Society
of Young Solicitors and their local Bar Associations. The
need for ever increasing support to these bodies is obvious,
and if I single out the Solicitors' Benevolent Association,
it is merely because .of my personal close connection with
that Association, as its Secretary, for so many years. Who
can blame me for availing of this particular opportunity
to make a special appeal for support through subscrip
tions or donations.
There are many other matters which cannot be touched
on as time does not permit and I beg to be excused for
any apparent shortcomings. I conclusion I wish to thank
most sincerely the two Vice Presidents, who were so
loyel to me and who were always at my beck and call.
To the ever helpful and hard working Secretary, Mr.
Plunkett, and to the Assistant Secretary, Mr. Finnegan,
and to Mr. Healy and Mr. Gavan Duffy, and indeed the
entire hard working and efficient staff I give my sincere
thanks. Finally, on behalf of
the Profession, I wish
publicly to acknowledge the great services rendered to
the Professicn by the members of the Council of the
Society, who have continued to give so much of their
valuable time in the service of all.
While the Report was debated, the following
members made the following suggestions. Mr. J.
R. Quirke—That the Revenue Commissioners be
requested to discontinue small stamp duties as the
inconvenience of collection and payment is dis
proportionate. Mr. I. Q. Crivon—That a compul
sory professional negligence insurance scheme be
introduced. Mr. J. F- Buckley—That the Society's
Gazette be improved. Mr. Dennis Greene spoke
on the inadequacy of separation allowances to
married women. Mr. Desmond Moran—That wit
nesses in court proceedings should be excluded
from the Court room until called to give evidence.
The President stated that all these matters would
be considered by the Council.
The motion for the adoption of the report was
put to the meeting and passed unanimously.
8. Thursday 19th November 1969 was appointed
as the date of the next annual general meeting
9. On the motion of Mr. Denis Greene. Mr.
James R. C. Green Vice-President took the
chair. Mr. Greene then proposed a vote of
thanks to the President for his services to the
Society during the past year. The motion was
carried with
acclamation. The President
returned thanks and the Chairman declared
the meeting closed
MEETING OF THE COUNCIL
November 20th:
The President in the chair; also
present Messrs. Ralph J. Walker, Desmond J.
Collins, Senator J. J. Nash, Brendan A. McGrath,
70