The Gazette 1961

point had been made to the Government by the

Society and that the Government, after having

given sympathetic consideration to the Society's

proposals was, regretfully, unable to agree to upset

the existing position.

He did not suggest that

a solicitor of long standing and experience would not

in certain circumstances make an excellent Circuit

Court judge but he felt that in matters where the

legal professions are concerned the Government

would have a very great regard for a

firmly

entrenched precedent such as this.

Mr. Booth's proposal was also opposed by Messrs.

Vivion de Valera and Patrick Lindsay. They based

their arguments almost entirely on the question of

whether or not a solicitor's experience qualified him

for appointment to the Circuit Court bench. They

were both strongly of the opinion that a practising

barrister's special experience made him far better

qualified for a higher judicial appointment than

a solicitor, no matter how competent or good a

lawyer that solicitor was.

In the discussion that

followed it was this point mainly that was argued.

Mr. Haughey, in closing the discussion, repeated,

in effect, what he had already said. He did not

think that the matter should be discussed on the

basis of the qualifications which a judge should have

as it was too vast a field of discussion. The perfect

judge would have a very rare combination of

qualities and it was quite conceivable that a solicitor

would have this combination of qualities which

would fit him to be appointed as a Circuit Court

judge. However, the tradition was there and it was

simply because it was tradition that the Government

were accepting it.

One of the results of the Society's representations

to the Government on this matter has been the

insertion of section 60 of the Act. This section gives

statutory confirmation to the solicitor's right of

audience in the Circuit Court.

Previous to the

passing of the Act the question of whether or not

a solicitor was entitled to have audience in the

Circuit Court depended on the provisions of the

County Courts (Ireland) Act, 1877.

Later on Mr. Booth also moved an amendment to

the 8th schedule of the Act which would have had

the effect of making a solicitor eligible for appoint

ment as a Registrar of Wards of Court on an equal

footing with a member of the Bar. Mr. Haughey

stated that he was strongly tempted to accept this

amendment in view of the high regard in which he

held the solicitors' profession. The matter was being

examined departmentally in connection with the

whole question of the staffing of Court offices and

he stated that if the amendment was withdrawn it

would be considered sympathetically

later on.

However, in the Act as passed, eligibility for this

appointment is confined to members of the Bar.

(See paragraph 21 of the 8th schedule of the Act.)

(Ddil Debates.}

PARTICULARS

DELIVERED

STAMP. COSTS

The fee of £3 95. 9d., which has heretofore been

chargeable by the vendor's solicitor for having the

I.V.D. stamp impressed, has been the subject of

enquiries to the Society by members. As this fee is

in the nature of a Schedule II charge it is probable

that it may now be increased in accordance with the

Schedule II increases in S.R.G.O. 1960, that is to say

by 33-3-% bringing the fee up to £4 133. od.

It is

understood that it has been taxed up to this figure.

CORRECTION

It has been pointed out that the report of the

speech made by Mr. T. D. McLoughlin at the

ordinary general meeting of

the Society on

November 23rd, 1961, which appeared in the last

issue of THE GAZETTE is not altogether an accurate

account of what he said.

Mr. McLoughlin is

reported as having said that the valuers appointed in

connection with compulsory acquisitions by the Land

Values Reference Committee should have

legal

qualifications. This is not correct. It should read

that the arbitrator appointed by the committee

should have legal qualifications. Mr. McLoughlin

is also reported as having said that he was in favour

of a committee of junior solicitors to advise the

Council. This should read that he was in favour of

a committee of junior solicitors to consider problems

particular to younger members.

CONFERENCE OF DISTRICT JUSTICES

At a luncheon party given by the Minister for Justice on

December ytb, the Minister said:

I am very pleased to have this opportunity of

meeting the entire District Court Bench.

It is

unfortunately true that, in the nature of things, the

Minister for Justice can all too seldom have the

benefit of personal contact with members of the

judiciary. As a rule, it is only when some unfortunate

Justice in a remote area finds a courthouse tumbling

about his ears, or when some poor poteen-maker

hopes that the Minister, being a Dublinman, will

take a lenient view of his case and seeks the return

of his supply of Christmas wash, which has been

seized by an unsympathetic " gendarmerie ", that

a Justice's view comes to be considered by the

Minister for Justice.

This, regrettably, being the position, it is very

pleasant for me to meet you all socially on this

occasion which I hope is only the first of many.