252 / 300
However, apart from that he did not consider the right
conferred by the Act of 1931 to be such a right as was
envisaged by the Constitution, even if its existence in
1937 were capable of enshrining it in the Constitution
which he doubted. Furthermore, if it was a right, it
was the child's, a right to be legitimated, and as such it
existed until an adoption order was made. Thereupon,
the contingent right was exchanged for the actual
legitimacy conferred by the Act. In the event he held
that by virtue of the provisions of Section 29 (1) of the
Adoption Act, the Legitimacy Act, 1931, did not apply
to the child in the present case and the section was not
invalid having regard to the provisions of the Consti-
tution.
It was lastly submitted on behalf of the plaintiffs that
the decision whether or not to make an adoption order
was the exercise of a judicial power or function and that
accordingly Section 9 of the Act, which conferred such
power on the Board, was repugnant to the Constitution,
l he function of the Board was to investigate the circum-
stances to see whether the necessary conditions existed.
If they did, the Board could make an order. In his
view, this was an administrative and a judicial func-
tion. The Board was not called upon to decide on or
arbitrate between opposing interests nor to decide as
between competing situations which was in the interests
of the child.
Mr. Justice Butler held that the plaintiffs were not
entitled to any of the declarations or to the relief and
order sought. He said he would make no order as to
costs at the moment.
[Re 2 v Adoption Board and Attorney-General;
Butler J.; unreported; 25 October 1974.]
U.C.D. FACULTY OF LAW STAFF CHANGES
Promotions
Dr. J. C. Brady has been appointed Statutory Lecturer
in the Law of Property and Equity.
Mr. W. N. Osborough has been appointed Statutory
Lecturer in Law.
Dr. Brady will henceforth be in official charge of all
matters relating to the courses in Property and Equity,
and Mr. Osborough will take charge of matters relating
to Tort, Evidence and Penology.
New Appointment
Finbarr Murphy,
B.C.L., LL.B.,
Dip.Eur.Integr.
(Amsterdam).
Mr. Murphy will be in general responsible for courses
in European Law. In the coming session he will be
responsible for the new Third Year option in this field
and in subsequent sessions will take part in a more
extended teaching programme.
On leave from the University of Bristol
Clive R. Symmons, LL.B. (Bristol),
Dip.Ed. (Oxon),
Barrister.
Mr. Symmons has specialised interests in Tort and
Public International Law and has taught both subjects
at the University of Bristol. Here he will be responsible
for the Third Year option in Public International Law
and will share the Second Year course in Tort with
Mr. Osborough.
Member of Staff on leave of Absence
Mr. Niflis.
Visiting Professors
It is expected that Professor J. J. Murphy, B.A. (Har-
vard), J.D. (Boston), LL.M. (Illinois), Professor of Law
in the University of Cincinnati, Ohio, will he with us
for the second and third terms. Professor Murphy has
particular interests in Contract and Family Law and has
also a special interest in the Watergate and Impeach-
ment issues of 1974. All these interests will he reflected
in his teaching with us. Arrangements are under nego-
tiation for a visit in the third term from a professor in
the University of Wiirzburg and it is hoped that an
announcement can shortly be made.
Additional New Appointment
Mr. Eugene P. Fanning, B.C.L.
Mr. Fanning will lecture in Real Property and in
Jurisprudence.
P
R O F E S S OR
Ci. J.
H
A N D
(Dean of the Faculty)
27th September 1974
Promotion of Officials in Superior Courts
Mr. O hUiginn, former Probate Officer, has been
appointed Registrar to the Supreme Court, in suc-
cession to Mr. L. F. Branigan, retired.
Mr. Patrick Waldron has been appointed Probate
Officer.
Miss Stephanie de Cleir is now a Registrar in the
Central Office, High Court.
Mr. David Munro is an Examiner in the Chancery-
Examiner's Office.
Mr. Gerard Frewen has been appointed Assistant
Registrar, High Court.
Mr. Sean O Broin, of the Faxing Master's Office, has
been appointed an Assistant Registrar, High Court.
Dublin Solicitors Bar Association
The Council and Officers elected at the annual
general meeting of the Association held on 28 October
1974 for the year 1974-75 were :
President: Patrick Golden.
Vice-President: David R. Pigot.
Hon. Secretary : Andrew F. Smyth.
Hon. Treasurer : Carroll Moran.
Hon. Auditors: Patrick Glynn and Peter McMahon.
Members: Miss Maeve O'Donoghue, Mrs. Moya
Quinlan, John F. Buckley, Joseph G. Finnegan, John P.
A. Hooper, Thomas Jackson, Rory O'Donnell, Colm
Price and Lawrence K. Shields.
249