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E.E.C. COMMITTEE
Anthony E. Collins,
Chairman
John F. Buckley
John G. Fish
John B. Jermyn
Brendan A. McGrath
Gerald J. Moloney
Raymond T. Monahan
Peter D. M. Prentice
Anthony E. Collins,
Chairman
13 1 The E.E.C. Committee had an extremely active year largely due to the increasing volume
of proposed legislation which it is necessary to consider. The Committee has continued its
policy of delegating the study of various Directives and Conventions to Groups of two or
three people who reported back to the Committee. Directives or Conventions on the following
subjects have been considered by the Committee during the year:
(1) Contractual and non-contractual obligations.
(2) Freedom to provide limited services by lawyers
(3) Bankruptcy.
(4) Security over movable goods.
(5) Insurance.
(6) Winding up of insurance companies.
(7) Consumer credit.
(8) Consumer protection.
In particular a considerable amount of time has been spent in connection with the Directive
concerning Freedom to Provide Limited Services by Lawyers. One of the aims of the Treaty
of Rome is complete freedom for everyone to practise their profession in any country of the
community. This Directive is the first tentative step towards that aim in connection with
lawyers. It must be tentative because of the difference between the legal systems in different
countries. A sub-committee had lengthy discussions with the Department of Justice and a
new Draft has now been produced by the Commission which again will be necessary to study
in detail. The Committee has continued to work closely with the Department of Justice on
proposed legislation.
13.2 There has not yet been much progress with the proposed E.E.C. Central Library but
the Committee is hopeful that before long such a Library will be established so that lawyers
and others will have full access to all E.E.C. information which they would need.
13.3 During the year we were contacted by the E.E.C. Committee of the Northern Ireland
Law Society and a Meeting was held in June for the purpose of exchanging information and
seeing how far we could co-operate with regard to E.E.C. matters. The discussion was an
extremely informal one and of a tentative nature and apart from general E.E.C. matters the
problem of practices on the border was aired. It was agreed that the Committee would establish
a sub-committee to liaise with a similar sub-committee from Northern Ireland and that that
committee would meet regularly to discuss various matters which would be of concern to both
groups. However it was also clear that there would be some areas where the interests of both
groups would be completely different and that therefore there was a practical limit to just
how close the co-operation could be.
13.4 Members of the Committee continue to attend the meetings of the Commission Con-
sultative and the Union International Du Notariat Latin. These are the two bodies of lawyers
throughout Europe which are officially recognised by the E.E.C. Commission. The members
attending these meetings report back to the Committee and it is intended that in future a
summary of these reports will appear in the
Gazette.
The treatment of publicity with regard to
E.E.C. matters was also discussed.
13.5 During the year it was decided that the activities of the Committee would be extended
to include other international matters and it is proposed that the name be changed to E.E.C.
AND INTERNATIONAL AFFAIRS COMMITTEE.
COMPANY LAW
COMMITTEE
Brian O'Connor,
Chairman
Denis J. Bergin
Anthony E. Collins
Michael G. Dickson
Joseph L. Dunden
Mary Finlay
Houghton Fry
Patrick C. Kilroy
Peter D. M. Prentice
J. G. Ronan
L. K. Shields
14.1 The Society's Committee in Company Law has had a busy year and found it necessary
to meet at least once a month. The Committee considered that in order to get through their
work, it would be desirable to obtain some voluntary assistance. We are glad to record that
Mrs. Mary Mathews, the Society's examiner in Contract and Commercial Law of the Law
Faculty of University College Dublin and Mr. Graham Golding, Solicitor, of the Business
Law Centre of University College, Dublin, kindly agreed to assist the Committee in their
work on an analysis of the proposed European Company Statute. The Committee is very
grateful for this offer of asistance which will be of real importance in the coming year. During
the year, the Committee was privileged to have Mr. Declan Costello, S.C., the Attorney General,
as a guest to discuss some of the legal problems relating to changes proposed in Company Law.
A meeting was also held with members of the Stock Exchange.
14.2 Submissions to the Minister for Industry and Commerce were prepared for the Council
of the Society on the Mergers & Monopolies (Control) Bill which was introduced in the Dail
during the year. The Committee believed that the Bill, as drafted, would present the profession
with great difficulties in advising clients as to whether certain transactions did amount to
mergers or takeovers and thereby requiring ministerial approval or otherwise. Particular
concern was expressed in their submissions that the provision in the Bill that a merger or take-
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