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8. That a new Bye-law 51 be adopted:—
"The Society will not be responsible for any loss or
damage that may happen to property of members
in any of the premises of the Society from any cause
whatever".
9. That a new Bye-law 51a be and it is hereby
adopted as follows:—
"51a. That wherever in these bye laws the term
Secretary is used it shall be construed as meaning the
Director General or other Officer designated by the
Council for the purpose."
The proposal to amend all these bye-laws was made
by Mr. John Carrigan seconded by Mr. John Jermyn
and duly passed.
The President then mentioned the difficulties con-
nected with the law fees previously presented in the
Criminal
Legal Aid Scheme.
He stated that the Coun-
cil had accepted the invitation of the Minister of
Justice to discuss the matter. It had also been arranged
that solicitors in the Dublin area who had refused
to carry out the Criminal Legal Aid Scheme would
resume their services as from Monday, 13th May.
Mr. Gerald Hickey, Chairman of the Finance Com-
mittee, then mentioned that there had been a good
response to the proposed
Superannuation
Scheme
for
solicitors. The sum of £70,000 had been collected, arid
brochures were available if required. An annual re-
port on the position would be presented.
As regards
taxation
,
with regard to Section 176 of
the Income Tax Act 1967, relating to disclosure of in-
formation, any person required to do so by an Inspector
must deliver a list of assets belonging to any person,
together with his name and address. An arrangement
had been reached with the Revenue Commissioner
whereby such returns would only be made by solicit-
ors in defined limited situations.
Mr. Brian O'Connor feared the effects of the Wealth
Bill 1975 which briefly provided that the Revenue
Commissioners may demand from anybody without
limit, information, documents and records relevant to
the taxable wealth of another person. It would seem
that the fundamental person right of privacy is dead.
Mr. T. C. CMa h o ny was sceptical about the alleged
protection afforded by the Treaty of Rome, and stated
that, in the event of conflict with the Revenue Auth-
orities, we would probably have to rely on the con-
stitutional issue.
Mr. Brian O'Connor, referring to the Capital Gains
Tax Bill 1975, stated that, in sales of land exceeding
£50,000 to non-residents, a solicitor could be liable per-
sonally for the tax. He was pressing strongly for the
exclusion of this provision.
Mr. Prentice replied that the Society would make
representations to the Minister for Finance which he
had no doubt the Minister would consider.
Education
A letter which Mr. J. F. Buckley had written to all
apprentices about the new Education Regulations was
circulated.
Th e effect of this letter is: —
(1) That the present First Law Examination will
continue to be held as at present until September 1979.
(2) That the present Second Law and Book-keeping
Examinations will continue to be held until September
1981.
(3) That the present Third Law Examinations will
continue to be held until September 1982.
(4) Anyone apprenticed between 1st October 1975
and 31st August 1978 may still qualify under the old
system.
(5) The new vocational courses under the new sys-
tem will only come into force in October 1975.
(6) A Graduate in Law of any Irish University who
had taken Contracts, Torts and Real Property for his
degree will be exempted from the First Law Examin-
ation.
(7) The former February Examinations will hence-
forth as from 1976 be held at Easter, either before or
after Easter, depending on the date of Easter.
(8) In future only candidates who obtain 5 0% on
all the papers in a particular examination will pass it.
It will not be sufficient to have a mere average of 50%.
(9) It is hoped as from October 1975 to expand the
lecture course in Conveyancing — and in the Rights
and Duties of Solicitors.
(10) It is proposed to extend the lecture course in
taxation by a further 25 lectures as from October
1975, and to introduce two separate papers in Tax Law
as from September 1976.
Th e terms of Mr. Buckley's letter were duly noted.
Solicitors Acting for Both Parties
The English Solicitors Practice Rules 1972, which
came into operation on January 1973 provide that it
is not professionally proper for a solicitor or a firm of
solicitors to act for for both Vendor and Purchaser
or for both Landlord and Tenant in transactions at
arm's length and for value. This rule shall not apply
if: —
(1) The parties are associated companies
(2) The parties are related by blood, adoption OT
marriage.
(3) Both parties are established clients of the same
solicitors.
(4) If, on a sale of land, the consideration is less
than £1,000.
(5) If due to distance it would not be reasonable
for the client to consult another solicitor.
These excemptions shall not apply if the vendor is a
builder or developer. Mr. Walter Beatty and Mr. John
Carrigan spoke strongly in support of these Rules. The
position in England as to this matter was duly noted.
The matter was referred to the next meeting of Pres-
idents and Secretaris of Bar Association for further
consideration.
Blackball Place
Wi th regard to the former King's Hospital School
acquired by the Society in
Blackball
Place,
it was
stated by Mr. Peter Prentice, deputising for the Chair-
man of that Committee, Mrs. Quinlan, that the orig-
inal acquisition price for the premises of £100,000
had been paid in full. It was intended for the time
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