The Gazette 1976

MAY 1976

to your approval so that Corporate status can be

achieved and the necessary legislation promoted by

amending the existing code applicable to the Profession,

or some other form of legislation outside the Companies

Act or the Industrial and Provident Societies' Acts

and at the same time preserving the professional status

and responsibility of the members of the Profession in

the provision of Professional services to their Clients.

Conveyancing Procedures

The Society of Young Solicitors are deserving of our

thanks for undertaking the organisation of the recent

Seminar at Killarney in connection with the Society's

Conditions of Sale 1976. It is hoped that all those who

have received the documentation and participated in

the discussions will forward as soon as possible their

observations and comments for consideration by the

Conveyancing Committee so that the new Conditions

of Sale can be printed and made available for use as

soon as possible. The Conveyancing Committee have

also given a very considerable amount of time to the

re-drafting of the Requisitions on Title, and it is hoped

to have such Requisitions on Title available at the

same time as the Conditions of Sale for use in the

Profession.

It is hoped at some future date to establish in the

Gazette a Conveyancer's Corner where techniques and

practices might be discussed and directions circulated

from the Land Registry, Revenue Department, Land

Commission and other Departments, and Municipal

Bodies to facilitate expeditious and smooth completion

of transactions.

Land Registry

Discussions, as you have noticed in the Gazette, have

taken place with the Department of Justice, the Land

Registry and Ordnance Survey and the Society dealing

with difficulties arising with particular reference to the

Mapping area. Certain conclusions have been arrived

at with regard to the provisions of Ordnance Sheets on

twenty five inches scale at least and the undesirability

of photocopy maps as a basis for registration in sub-

division cases and it is hoped to publish a full note in

the Gazette showing the procedure that will operate as

and from the 1st September of this year.

Rules for Government of Prisons 1976 (S.I. No. 30 of

1976) Prisons Act 1972 and (Military Custody)

Regulations 1976. (S.I. 87 of 1976)

The Council has given very careful and full con-

sideration to the implications of the amendments en-

visaged by these Statutory Instruments. The Council

while fully conscious of the security problems which

exist in relation to the control of the Prisons in the

State, still have grave doubts as to the power of the

M mister under the relevant Statute to make the Re-

gulations as provided in the new Rules. It is the

decision of the Council to seek a Declaratory Order in

the Courts as to the validity of the amended Rules

insofar as they affect a Prisoner's right to a Legal

Adviser of his choice. The decision taken by the Council

was limited to the Statutory Instrument No. 30 of 1976

as the second Instrument was not available at the date

of its meeting.

Education

We are all aware of the great contribution made by

mv predecessor in office, Mr. Prentice, in this parti-

cular field. The change-over to the new system has and

is operating satisfactorily notwithstanding the many

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difficulties necessarily arising, all of which have been

very capably and understandingly resolved by your very

capable Committee responsible in this area, and

accommodation for students is by no means the least of

these problems. The reconstruction of the new premises

at the King's Hospital may indeed be very timely, but

as Blackhall Place is the subject of special discussion

I will not deal further with the new premises, except

to say that work is progressing satisfactorily and

expeditiously.

E.E.C. and International Affairs

There has been considerable activity in the Inter-

national field, particularly by reason of our involve-

ment in the Community and the obligation to peruse

and consider all draft Directives and Conventions in our

particular sphere, particularly in the area of freedom

to provide services by Lawyers. It is hardly neces-

sary to point out that this particular directive gives

rise to many difficulties where the Common Law

systems operate and the role played by Solicitors on the

one hand, and the members of the Bar as advocates on

the other. The question of control and expertise in

certain areas of Law arising by reason of the different

legal systems in operation throughout the Community

are the subject of special research and rationalisation of

proceedings. The volume of documentation is very large

and a special Committee has been appointed to deal

with Company Law Directives in conjunction with the

relevant Officers of the Department of Industry and

Commerce, and particularly in connection with the Bill

presently before the Oireathtas dealing with Mergers

and Takeovers.

Accountants' Certificates and Disciplinary Procedures

The Registrar's Committee which is a Statutory

Committee specifically mentioned in the Solicitors' Acts,

is responsible for the issue of Practising Certificates on

the basis that the Accounts Regulations and Procedures

are complied with, and arrangements have recently been

made to bring these items up to date and to insist on

members of the Profession obtaining their Accountant's

Certificate within a reasonable time as a condition pre-

cedent to the granting of a Practising Certificate. A

full explanation of the procedure will be given by the

Chairman of the Registrar's Committee before the ter-

mination of this Meeting.

The Complaints area is a very complex and diverse

one and it would be impossible on an occasion like

this to give any statistical or other objective comment

other than to indicate that these problems are being

brought under control and new procedures for dealing

with same are being constantly researched in the in-

teiests of all concerned.

Checking your Costs

On the question of Solicitors' fees for services ren-

dered many members of the public appear to be un-

aware of their rights to have their Solicitor's charges

examined by an Officer of the Courts known as a

Taxing Master who will adjudicate on the correctness

or otherwise of such charges. The Solicitors' pro-

fessional charges are controlled by statute and by statu-

tory regulations : the only professional body whose fees

are decided by an independent Statutory Authority.

Neither the Solicitors nor their Controlling Body may

alter the scale of charges and any increases in such

charges can only be made in agreement with the rele-

vant Statutory Committees and subject to the approval

of the Minister for Justice. The Taxing Master is a

State Official and is an Authority on the laws relating