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GAZETTE

January-February 1976

entitled to a clear indication of the position. The

President stated t h at this ma t t er had been fully dis-

cussed at the We s t p o rt meeting. It was essential to

find a c commoda t i on for the n ume r o us apprentices,

and it was impossible to hazard guesses as regards the

cost. Mr. James O ' Donovan, who as President had

given this undertaking, stated t h at at the time it was

t hought that, if we were going to keep the King's

Hospital, it would not be necessary to impose any

expenses on our memb e rs t owa r ds reconstruction or

maintenance. As a result of the n ume r o us apprentices,

it be c ame essential to ma ke full provision for them,

and the Council was compelled to change its mind.

Mr. Peter Prentice reminded the memb e rs that he had

stated in 1974 t h at the King's Hospital would cost the

Society plenty of money, b ut the new set of circum-

stances made such expenditure inevitable. The Report

was adopted.

The Re po rt of the

Court Offices and Costs Com-

mittee

was proposed by the President and adopted

unanimously.

The adoption of the Re po rt of the

Court of

Examiners

was proposed by Mr. John Buckley, who

praised in particular the work und e r t a k en by the

Education Sub-Committee. Mr. John Carrigan con-

gratulated Mr. Buckley upon the achievements of the

Cou rt of Examiners in the past year. The Re po rt was

adopted.

The adoption of the Re po rt of the

Public Relations

Committee

was proposed by Mr. Walter Beatty, who

t h a n k ed

the Public Relations Officer, Maxwell

Sweeney, for his services. Mr. Brendan O'Maoileoin,

in referring to the new tax legislation, stated that it

would be necessary to cater for an informed public.

Wh en he referred to the unconstitutionality of the

Criminal Law Jurisdiction Bill, Mr. Carrigan proposed

t h at this Bill be referred back for f u r t h er considera-

tion. The Re p o rt was adopted.

Th e adoption of the Re po rt of the

Blackball Place

Committee

was moved by Mrs. Quinlan, and adopted

unanimously.

The adoption of the Re po rt of the

Disciplinary

Committee

was moved by the President and adopted

unanimously.

The Re po rt of the

E.E.C. Committee

was moved by

Mr. An t h o ny Collins. To an inquiry by Mr. O

hUa dh a i gh wh e t h er the Society could provide a post-

g r a du a te course in Commu n i ty Law for the older

members, Mr. Collins stated t h at this would be diffi-

cult to arrange, b ut he referred to the special courses

available in Edinburgh, Ams t e r d am and Luxembourg.

Mr. T. C. G. O 'Ma h o ny stated that it was difficult to

assimilate Commu n i ty legislation, and t h at it would

be impossible to read all the Commu n i ty literature

issued. Mr. Collins stated the Commi t t ee was trying

to gauge the amo u nt of this legislation which would

affect Ireland, b ut it was a difficult problem. Mr.

O ' Ma h o ny said that, although we had entered the

Commu n i ty with our eyes open, it would be difficult

to test the constitutionality of Commu n i ty legislation.

The Re po rt was adopted.

Th e Re po rt of the

Company Law Committee

was

moved by the President, who explained t h at this was

an i nd e p e nd e nt Commi t t ee dealing with mergers and

monopolies, and t h at it had been complimented by

the Minister for I ndu s t ry and Comme r c e. The Report

was adopted.

Th e President moved the adoption of the

Library

Re po rt which was passed.

Mr. John Moloney moved the adoption of the

Costs

Committee

Report. The President, in reply to ques-

tions, stated t h at the application for the 150% increase

in costs had been submitted to the Prices Commis-

sion. Professor Lees would c omme nt on this applica-

tion and report to the Prices Commission. Mr.

O'Maoileoin c omme n t ed that, in view of current

inflation, there should be a 700% increase and not

merely one of 150%. The President replied that

un f o r t un a t e ly Professor Lees was not prepared to

r e commend any f u r t h er increase, but that he strongly

advised any memb er who wished to put forward his

views in requiring substantial increases to do so as

soon as possible. Mr. O 'Ma hony, having mentioned

that a ma n a g eme nt c on s u l t a nt was paid £160.00 per

day, asked wh e t h er the Society could have regard to

the work solicitors were performing. The President in

reply stated t h at he had received a full memo r a n d um

on the subject from the Dublin Solicitors' Bar Associ-

ation and other Bar Associations. Meetings had also

been arranged t h r oughout the c oun t ry with Professor

Lees who had definitely been impressed with the

position, and it would be for him to report direct to

the Prices Commission. It was then likely that the

Prices Commission would publish an Occasional

Paper on the subject. The Costs Commi t t ee would be

prepared to meet all experts. A questionnaire had

been sent to all firms, b ut un f o r t un a t e ly only 10%

replied. The first

interim

Report of Professor Lees

is likely to be published in January, 1976. Interim

increases will be sought if there is likely to be any

delay. The Report was adopted.

The President proposed the adoption of the

Law

Clerks Joint Labour Committee

Report and com-

me nd ed the work of Mr. Gerard Doyle and Mr. Ray

Mon a h a n. The Re po rt was adopted.

Mr. Walter Beatty then proposed the following

resolution:

" Th at the Gov e r nme nt be requested to give

priority to the introduction of the necessary

legislation to remove the liability for the pay-

me nt by borrowers of the lending institutions

legal fees in respect of loans for residential house

purchase."

The Council had already sent a similar resolution

to the De p a r tme nt of Justice. Mr. F r a nk Lanigan

seconded it. Mr. O'Maoileoin, in opposing the resolu-

tion, said t h at lending institutions did not make vast

profits. Messrs. Russell and McCarron also opposed

the resolution. Mr. Maurice Curran, in supporting

the resolution said that, apart f r om building societies,

lending institutions included b a nks and insurance

companies. Mr. Rob e rt Taylor also supported it. It

was essential for the Society not to get a bad reputa-

tion f r om the public. Mr. Crivon thought that the

public should not be asked to pay the costs of

borrowing.

Mr. P. C. Moo re said that although the resolution

was discriminatory against building societies, he sup-

ported it on the basis t h at the proposal should change

completely the conditions und er which borrowers

were to pay lenders' costs; the law of mortgages

required to be altered completely. As a result of this

discussion, Mr. M. Curran proposed and Mr. W.

Beatty seconded the proposal that this resolution be

placed on the Agenda of the Ordinary General Meet-

ing in May, and that it be meanwhile considered by

the Council. The proposal was agreed to.

Mr. O'Maoileoin proposed and Mr. O 'Ma h o ny

seconded the proposal t h at Mr. Gavan Duffy be con-

gratulated by the memb e rs of the Society upon having

completed 25 years as Librarian of the Society, and

that he be t h a nk ed for the services which he had pro-

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