Previous Page  140 / 250 Next Page
Information
Show Menu
Previous Page 140 / 250 Next Page
Page Background

GAZETTE

JULY/AUGUST 1982

may be present at Meetings of the Council in the

Galleries and other parts ofthe Chamberfromtime to

time allotted to their use, and they are at liberty to

report and publish the proceedings of the Council."

60. "Representatives of the Press, Radio and Television

may be present at meetings of Standing Committees

and Committee of the Whole House provided that

when confidential matters are under discussion these

Committees may decide to exclude such representa-

tives for the relevant portion of the meeting."

79. "Every Committee is authorised to furnish to the

Press reports of any of its proceedings."

Standing Orders must stand up to the tests facing all

subordinate legislation, notably the ultra vires rule.

The position ofthe press in England in relation to attend-

ance at meetings ought to be clearer than in Ireland because

they have a number of regulatory statutes; the upshot is,

however, that they have statutory grey areas where we have

practical grey areas.

The Local Authority (Admission of the Press to Meet-

ings) Act 1908 — which did not apply to Ireland — allowed

the press into full Council meetings and those of Education

Committees. The Act arose from the decision of the High

Court in

Tenby Corporation v. Mason

[1908] 1 Ch. 457

where a newspaper editor was held not entitled to attend

meetings of the Local Council either as a journalist or as a

ratepayer.

The 1908 Act allowed the press to be excluded if a

majority of the members voted that this would be in the

public interest. Dis-satisfaction with the provision lead a

Tory back-bencher —one Margaret Thatcher — to intro-

duce what become the Public Bodies (Admission to Meet-

ings) Act 1960 which gave both the press and the public a

right to attendmeetings of local authorities and other speci-

fied public bodies. The Local Government Act 1972 ex-

tended these admission rights to local authority commit-

tees. Under the 1960 Act, a meeting of a committee of a

public body, if the committee included all members of that

body would be treated as if it were a meeting of the body

itself. The 1960 Act, however, restricts the right of admis-

sion tomeetings; section 1 (2) commences "A body may, by

resolution, exclude the public from a meeting (whether

during the whole or part of the proceedings) whenever pub-

licity would be prejudicial to the public interest by reason of

the confidential nature of the business to be transacted, or

for any other special reasons stated in the resolution and

arising from the nature ofthat business or ofthe proceedings

In England, therefore, the right of the press to attend

meetings of local authorities whether such meetings be in

full or in committee can be curtailed by resolution of the

local authority using its own subjective standard of the

public interest within the parameters of section 1 (2) of the

1960 Act, while in the Republic the press has no right under

the law as presently interpreted to attend meetings of any

committee ofa local authority but has a right to attendmeet-

ings of the full local authority unless (a) that local authority

has the sanction of the Minister for the Environment to

Incorporated Law Society of Ireland

IMPORTANT NOTICE

Practising Certificates will not be issued in 1982 or future years unless the Solicitors'

Accountants' Certificate is in order, i.e., a clear Certificate has been lodged within 6

months of the solicitors' accounting date.

Where, on application for a Practising Certificate, an Accounting Certificate is not in

order, the Solicitor will be notified in writing that the Practising Certificate cannot

issue until the Accountants' Certificate is lodged and that should be done within one

month. He will be informed that pending receipt of the Accountants' Certificate his

remittance is being held in suspense account and that in the meantime, it is an offence

to practice without a Practising Certificate.

After a lapse of one month, the solicitor will be informed that unless the Accountants'

Certificate is received within a further month, disciplinary proceedings will be

commenced without further notice and that, at the same time, the Bar Association

and County Registrar will be notified that the solicitor is practising without a current

Practising Certificate.

The situation regarding outstanding Accountants Certificates is reviewed at each

Council meeting.

JAMES J. IVERS,

Director General

131