257 / 336
9. The Committee is therefore requested to revise the wage rates published in the pro-
posals dated 27th June, 1975 taking into consideration the comments in this objection
and to fix wage rates which recognise the statutory obligation to implement the wage
rates under statutory penalty.
10. The Committee has consistently acted
ultra vires
its powers in fixing minimum rates
of wages on the basis that such wages must be in line with negotiated wage rates.
After hearing arguments, the independent member suggested that the National Wage Agreement
as amended be approved. A vote was taken and the amended proposal was carried on the vote
of the independent member.
17.2 The Law Clerks Joint Labour Committee meetings were considered unsatisfactory by
the Employers' representatives as they felt that since they were not a party to National Wage
Agreements they should not be bound by them. The function of the Committee was to deal
with Statutory Minimum Rates and not negotiate wage rates. Many of the Society members
were left with the distinct impression that the Committee was bound by the National Wage
Agreement and that the meetings were held merely to rubber stamp such Wage Agreements.
17.3 Subsequently there was a certain amount of publicity in the national newspapers con-
cerning unnamed Solicitors who failed to pay their staff the minimum remuneration as fixed
by the Law Clerks Joint Labour Committee. The Council expressed concern that any Solicitor
should fail to pay the Statutory Minimum. However, as no specific names had been forwarded
to the Law Society and the Department of Labour was not prepared to disclose names of the
firms concerned the Council regretted that no useful action could be taken by them. Council
was of the opinion that the individual Bar Associations, with the benefit of superior local
knowledge, could help to ensure that Solicitors in their area would not pay less than the
Statutory Minimum Wage.
17.4 Council warns members that failure to pay the prescribed minimum rate will leave the
particular member open to prosecution. It seems clear that whereas in the past, the Department
of Labour satisfied itself that the situation had been rectified, in the future it intends to prosecute
without further warning in all cases of non-payment of the prescribed minimum rate.
Correspondence
Solicitors' Remuneration
Dear Sir,
The National Prices Commission has published in
the National Press an invitation to members of the
public to make submissions in respect of a study of
the fees and expenses and remuneration of Irish Sol-
icitors to be carried out by a Consultant appointed
by it for the purpose.
This study is welcomed by the Solicitors' Profession
and the Council of the Incorporated Law Society of
Ireland and representatives of the Profession are freely
co-operating with the Consultant to furnish informat-
ion and facts to him.
The Society is aware that the terms of reference
agreed by the Consultant with the Commission are
seven in number.
In its invitation to the public the Commission has
set out what it describes as "the principal terms of
reference". In fact they have published six of the seven
terms and the one omitted is: —
"(iv) to consider "delays" in the legal system and
particularly those associated with
(a) Court organisation and practice
and
(b) the taxation of costs".
My Council has directed me to write this letter to
draw the attention of the public to this omission.
In the opinion of my Council it is of vital impor-
tance that "the delays" under this heading be exam-
ined and it is not understood why the public are not
invited to make submissions in relation thereto.
Yours faithfully,
W. A. Osborne,
President
Barristers and Solicitors
are invited to apply for the position of
LEGAL ASSISTANT
Grade IV
in Office of the Director of Public
Prosecutions
Essential : Four years experience.
Upper age limit : 40 years.
Salary: £ 5 , 4 26 - £6 , 967 (man)
£ 5 , 1 00 - £ 6 , 6 60 (woman)
Entry up to maximum possible.
Closing Date: 4th December 1975
Application forms and further particulars can
be obtained from :
The Civil Service Commission,
1, Lower Grand Canal Street, Dublin 2.
.251