The Gazette 1975

hoped it would be extensively availed; the Bar Council

and the Law Society should help them. We have

allowed the problem of illegitimacy to remain on the

statute book without any concern for its reform. Lord

Justice Scarman in his recent Hamlyn lecture has

shown, that, because the English Social Welfare code

developed as an administrative means, it has become

a technical area of administration which is of no

concern to lawyers. In consequence what is termed

"lawyer's laws" has become very narrow, rigid and

unresponsive to modern developments. For instance

the Law of Property is too concerned with feudal

notions, and not enough with planning and the social

implications of law. She wonders whether the amend-

ment of parts of the Constitution relating for instance

to Trade Union Law and to Education could be con-

sidered by the Commission. Another example would be

the urgent reform of the Larceny Act 1916, and of

the jury system under the 1927 Act. She hoped that

the reform of Family Law, which had recently been

allocated to the Committee of Court Practice and

Procedure, would be re-allocated to the Commission

when it was established, but in view of past delays,

the Commission would have to consider it as a top

priority. It is essential to give this Commission a full

mandate and a full staff.

Senator Dr. No el Browne in welcoming the bill said:

It is necessary to broaden the approach to Criminal

Law, which is usually considered purely punitive. The

Commissioners should understand the origins of

aberrant behaviour by men in society, due to broken

or drunken homes, etc. The McNaghten rules in

relation

criminal

responsibility

should

modernised, and the law relating to suicide brought

up to date. There is nothing abnormal in being a

homosexual if you happen to be born that way; they

should not be treated as outcast, and it is time to

debate this subject. Extremists are the products of our

society, yet all we do is repress them.

The Attorney General in replying to the debate

thanked the Senators for the welcome they had given

the Bill. Consultation with other appropriate persons

and bodies was most important. The views of

psychologists and of psychiatrists would be carefully

considered in reforming the Criminal Law. One of the

reasons for not implementing the excellent reports

of the Committee on Court Practice and Procedure

was the lack of legal expertise in the Department con-

cerned. The Commission will first have the onerous

job of deciding where first to give priorities, bearing

in mind the limitation of personnel. The Commission

would hope to set up a Standing Committee with a

professional research team available and with the

collaboration of outside experts, who will be able to

draw up reports more speedily. The final decision

whether to introduce the measure will rest with the

Government of the day. If the homework is done, it

is essential that it be implemented rapidly, Law Reform

is not merely a reform of "lawyers laws", but

definitely also a concern of social reform. The Com-

missions will have power to consider Constitutional

amendments if they impinge on Law Reform. The

Commission may decide to refer a point of Law Reform

to an existing commission already dealing with it, or

refer Consolidation to the existing consolidation office.

In Criminal Law the emphasis should be definitely on

rehabilitation.

The Committee Stage was then taken. The Attorney

General made the following points in reply to

questions:—

(1) He hoped to establish the Commission as soon

as possible.

(2) The Commission will have to be a working

Commission which will produce results. A policy

discussion of the Government will have to be taken as

to whether the Bankruptcy Law Commission Report

is to be implemented — it will not be referred to the

new Commission. If a vacancy occurs, the terms and

conditions of the new appointee would be decided by

the Government. In the preparation of draft bills by

the Commission it is hoped that the assistance of the

Parliamentary Draftsman's Office and of the Office of

Statute Law Reform and Consolidation, would be

available.

(3) It is hoped that the Commission will publish

preliminary working papers and it is also hoped to

appoint a non-lawyer to the Commission because, as

Senator Robinson stated, the background of many

senior members of the legal profession is narrow. If

the Government reject proposals submitted on a pre-

liminary working paper, they will doubtless have to

give reasons in the statutory Annual Report to be

published. There is a duty cast upon the Commission

to bring in a substantial report.

(4) The moneys to be available to the Commission

should be such as will allow them to perform their

functions fully, and this should be made known to

the Minister for Finance. It is vital that he should not

adopt a parsimonious attitude in relation to the Com-

mission. The Commission is to consist of a President

and 4 other members. It is hoped that the Com-

missioners will be appointed full-time, but this will

not necessariliy be so.

The First Bayside Village Development Society

Limited Residents Association

Secretary,

42 Sutton Downs,

Law Society of Ireland,

Sutton, Co. Dublin.

Dublin 7.

Tel. 324422

26th June 1975

Dear Sir,

The Management Committee of The First Bayside

Village Development Society Ltd. would like to draw

your Members' attention to Item 19, 4th Schedule Lerse

of Bayside, which deals with transfer of shares of this

Society.

It has come to our notice that a number of sales in

this Estate conveyanced by your Members have failed

to comply with this Item and we view this failure by

your Members in a very serious light, as it is the cus-

tom of this Society to ensure that all monies owing

to it are paid before any transfer is approved.

Any queries regarding outstanding debts can be sent

to me at 42 Sutton Downs, Sutton.

Yours faithfully

Deirdre Spendlove (Mrs.)

Secretary.

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