The Gazette 1976

GAZETTE

NE/J

1976

ORDINARY GENERAL MEETING

T he President, Mr. P. C. Moore, took the chair on the

occasion of the half-yearly meeting, which was held in

the Mount Brandon Hotel, Tralee, Co. Kerry, on

Saturday, 8th May, 1976, at 10.00 a.m.

The notice convening the meeting was taken as read.

The Official Minutes of the Annual General Meeting

held on 27th November, 1975, which had been cir-

culated beforehand, were confirmed and signed. Mr.

Gerald Baily, President of the Kerry Law Association,

welcomed the President and his guests and all members

of the Society, to the Kingdom of Kerry.

The appointment of the folluwing Scrutineers of the

Ballot of the Council to be held on 21st November,

1976, was proposed by Mr. Bruce St. J. Blake, seconded

by Mr. Rory O'Donnell, and passed unanimously :

Messrs R. J. Branigan, Eunan McCarron, Brendan

McCormack and R. J. Tierney.

The President, Mr. P. C. Moore, then delivered his

Presidential Address.

PRESIDENT'S ADDRESS

Ladies and Gentlemen : It is my privilege to report

to you on the activities of your Council since my

appointment to office in November last. As you are

aware the Council is constituted of thirty one elected

members with the addition of three Representatives of

the Dublin Solicitors' Bar Association, five Representa-

tives of the Southern Law Association, four Provincial

Delegates and five Northern Ireland Representatives.

The work of the Council is carried on through the

medium of twelve permanent Committees, namely the

(1) Registrars, (2) Compensation Fund, (3) Finance,

(4) Parliamentary, (5) Privileges, (6) Court Offices

and Costs, (7) Public Relations,'(8) Premises, (9) E.E.C.

and International Affairs, (10) Policy, (11) Education

and (12) Company Law Committee, and in addition ad

hoc Committees are appointed for the purpose of under-

taking research and investigation on particular topics

with power to appoint; non-members of the Council

who have special expertise in particular areas, with a

voice but no vote.

I wish as President of the Society and on behalf of

the Profession to express our appreciation and thanks

for the very valuable contribution which our colleagues

have made as your elected Representatives as members

of such Committees, and particularly to acknowledge

their dedication and hours of service, for without them

the effectiveness of the Council would indeed be

ephemeral.

I mention these matters, no doubt all very well

known to you, in order that you may appreciate the

work of the Council, some aspects of which I intend

to refer briefly. A great deal of the work of the Council

is of its nature continuous and evolutionary, and for

this reason you are being updated on its activities.

The enquiry being carried out by the National Prices

Commission on Solicitors' Remuneration is still pro-

ceeding and your Council has submitted a very com-

prehensive Report for submission to the Commission in

connection with the enquiry being carried out by Pro-

fessor Lees and his Associates. My predecessor in office,

Mr. Osborne, the Costs Committee and our Director

Ceneral are to be complimented on the excellent job

they have performed on behalf of the Profession in the

compilation of this Report and it is a very valuable

record worthy of being printed and circulated at the

expense of the Society.

In connection with this enquiry Professor Lees has

written to all Firms to provide specific information on a

confidential basis to enable him to construct his Report

to the Commission. It is the earnest wish of the Council

that the Firms and members of the Society do furnish

at the same time to the Society's Auditors Messrs.

Coopers & Lybrand, Fitzwilton House, Wilton Place,

Dublin, a full and complete copy of the information

given to Professor Lees so that the Society will be able

to comment accurately and constructively on any in-

terim or other Reports or occasional papers which may

be issued by the Prices Commission from time to time.

It is pointed out that the information supplied to the

Society's Accountants will be treated on a strictly con-

fidential basis.

Taxation

The revolutionary changes in the taxation system

arising out of recent Legislation has also been engaging

the attention of the Council, with particular reference

to the obligations and responsibilities of Solicitors as

accountable persons on behalf of their Clients. The

Wealth Tax Act, 1975, the Capital Gains Tax Act,

1975, and the Corporation Tax Act, 1976, present a

challenge to all of us including our friends in the

Accountants' Profession in conjunction with whom we

have had many discussions at Seminars and Conferences

elucidating and discussing the many difficulties which

are certain to arise, in the operation and implementa-

tion of this Legislation.

The abolition of Estate Duty from the 1st April,

1975 (Section 47 of Finance Act, 1975) and the sub-

stitution of a Wealth Tax and a Capital Acquisition

l ax in lieu thereof have created many difficulties for

the Profession, such as the dismantling of Family In-

vestment Companies, Discretionary Trusts and other

non-trading Companies of a kindred nature causing

concern in many domestic fields. It is hoped, however,

that the Departments concerned will be ready and will-

ing to introduce amending and ameliorative Legislation

in all areas where justice and equity demand such a

course, so that the burden of taxation may be equitably

distributed amongst all citizens.

Corporate Status

I wish briefly to refer to this item, with particular

reference to Section 162 of the Corporation Tax Act

1975, which was the subject of challenge by your

Council and by a number of other Professional Bodies

affected by this particular enactment. Briefly this Sec-

tion is designed to deprive Professional Bodies such as

ours from achieving Corporate status if such a course

were permissable under the provisions of existing or

some future Legislation amending the Solicitors' Acts.

The Section in effect imposes the individual rate that

is seventy seven per cent on such Professional Bodies

instead of the fifty per cent rate applicable for the

benefit of other Trading Institutions. Objection has been

taken to this Legislation on the grounds that same is

discriminatory and that it is competent for Solicitors

and other Professional Bodies if they can so order their

affairs to form themselves into Corporate Groups

operating with perpetual succession and common seal

in the like manner that Corporate status is available in

all other areas of Industrial, Commercial and Sociolo-

gical activity. It is contended that Solicitors and other

Professional Bodies should not be deprived of Corporate

status or the benefits of special taxation privileges avail-

able to other Citizens or Groups of citizens in the

State however so called. It is the intention to have

this matter fully researched in your interests and subject