311 / 324
in matters other than criminal matters, by any person
or body of persons duly authorised by law to exercise
such functions and powers, not withstanding that
such person or such body of persons is not a judge
or court appointed or established as such under the
constitution."
The Court had to decide two questions in this
appeal, namely :
(i) Was the exercise of the power to strike off
the roll, or to older payment of costs, an
administration of justice?
(ii) If it was an exercise of the administration of
justice, was it an exercise of limited functions
or powers of a judicial nature within the
meaning of Article 37?
The Chief Justice as the judge of first instance on
the appeal from the orders made by the Committee,
held that the Committee in ordering that
the
appellants' names to be struck off the roll were
purporting to exercising judicial power. He also
held, that, having regard to the nature and scope of
the powers conferred upon the Committee and to the
restriction upon their exercise imposed they were
powers of a limited nature within Article 37 of the
Constitution.
An appeal to the Supreme Court was taken by the
solicitors against the order of the Chief Justice.
The Supreme Court (Lavery, Kingsmill Moore,
O Dalaigh, Maguire and Murnaghan, JJ.) held that
the exercise of the statutory powers conferred on the
Disciplinary Committee was an exercise of the
administration of justice of the State.
In the view
of the Court the decisive test lies in the orders which
by section 18 the Committee was authorised to make.
The Committee might remove or strike off the roll
the name of a solicitor, award costs, and might
order the making by the solicitor of restitution or
satisfaction to any aggrieved party.
The jurisdiction to order restitution or satisfaction
did not arise in the case before the Court as an order
to that effect had not been made by the Committee.
It seemed to the Court that the power to strike off
the roll when exercised was an administration of
justice, both because the infliction of such a severe
penalty on a citizen is a matter which calls for the
exercise of the judicial power of the State and
because to entrust it to persons other than judges is
to interfere with the necessities of the proper ad
ministration of justice.
The Court quoted with
approval a statement by Kennedy, C.J. in Lynam's
Case : " Whenever the tribunal is required to decide
questions of conduct, whether under existing law or
under its own decree, its functions are, to that extent
at least, judicial." The Court were also of the opinion
that the powers and functions conferred by the Act
on the Committee are of such a far reaching nature
that their exercise amounts to an administration of
justice.
Turning to the question of Article 37 of the
Constitution, the Court said that the test as to whether
a power is or is not " limited " lies in the effect of
the assigned powers when exercised. If the exercise
of the assigned powers and functions is calculated
ordinarily to affect in the most profound and far-
reaching way the lives, liberties, fortunes or reputa
tions of those against whom they are exercised they
cannot properly be described as " limited ". For this
reason the Court were of the opinion that the sections
of the Act challenged are not protected by Article
37 of the Constitution and declared the orders made
by the Commttee to be invalid.
The Solicitors (Ireland) Act 1898 was repealed
in a schedule to the Solicitors Act 1954 and there is
accordingly no statutory disciplinary jurisdiction in
respect of solicitors at the present time. This position
is obviously unsatisfactory in the interests of the
public and the profession and the Council have made
representations to the Department of Justice with a
view to having the necessary legislation drafted.
SOLICITORS' GOLFING SOCIETY
THE Captain's Prize (Mr. J. J. O'Connor, Thurles)
will be competed for at the Summer Meeting of the
Society which will be held on Saturday 3ist May
1958 at Thurles Golf Club. There are many other
trophies and prizes including the Golfing Society's
Challenge Cup;
the Veterans' Challenge Cup;
and the St. Patrick's Plate. A dinner will be held
after the Outing.
Annual Subscription
£i
os. od. (now due) payable
to John J. O'Dwyer, Hon. Treasurer, 15, D'Olier
Street, Dublin.
Further enquiries : Gerard M. Doyle, Hon. Sec.,
50 Lower O'Connell Street, Dublin.
DUBLIN SOLICITORS' BAR
ASSOCIATION
A MEETING of the Council was held on Wednesday
the 5th of March 1958.
A letter was read from the Revenue Commissioners
agreeing to sale of one shilling postage stamps in the
Four Courts Stamp Office.
The Meeting was
informed
that the DubL'r»
Corporation's arrangements for lending title deed:;
had been extended as far as possible.
A Sub-Committee was appointed to interview the
Caterers with the object of improving the Restaurant
in the Four Courts.
Progress was reported on other matters and the next
meeting was fixed for Wednesday the and ofApril 1958.
104.