The Gazette 1985

54 / 406

INCORPORATED LAW SOCIETY OF IRELAND GAZETTE
Vol. No. 79 No. 2 March 1985
In this issue . . .
Comment 43
Regulation of the Media 45
Presentation of Parchments 55
Crossword 57
Beneficial Interests, Conveyancers and
the Occupational Hazard 59
International Bar Association SGP
Madrid Conference 67
Word Processing in a Medium Sized
Solicitor's Office 69
Executive Editor: Mary Buckley
Editorial Board: William Earley, Chairman
John F. Buckley
Gary Byrne
Geraldine Clarke
Charles R. M. Meredith
Michael V. O'Mahony
Maxwell Sweeney
Advertising: Liam O hOisin, Telephone 305236
Printing: Turner's Printing Co. Ltd., Longford
The views expressed in this publication, save where
other-wise indicated, are the views of the contributors
and not necessarily the views of the Council of the
Society.
The appearance of an advertisement in this publication
does not necessarily indicate approval by the Society for
the product or service advertised.
ABC Membership has been approved pending first audit
for the period July to December 1984.
Published at Blackhall Place, Dublin 7.
Comment . . .
. . . Age of Majority
THE Age of Majority Act 1985 came into effect on 1st
March 1985, and now, with some exceptions, a
person attains "full age" on attaining the age of 18 years,
or, in case he/she marries before attaining that age, upon
his/her marriage. The passing of this Act reducing the
legal age of majority from 21 years to 18 years has been
long awaited and is sensible. The Act, as passed, may,
however, give rise to legal uncertainties and anomalies
which lawyers will have to deal with, because section 2(4)
of the Act continues the age of majority of 21 years for a
series of statutory provisions, including those relating to
marriage formalities, maintenance of children, social
welfare, pensions and taxation.
The most obvious potential area of uncertainty arises
from the definition of "full age" in section 2( 1) of the Act
and will relate to the professional duties of Solicitors
acting for or "against" a person who is of "full age"
simply because he/she is married, even if well under the
age of 18 years. The Marriages Act 1972 (operative since
1st January 1975) provides that both parties to a marriage
must have attained the age of 16 years unless an
exemption order has been obtained from the President of
the High Court (or another High Court Judge nominated
by him) permitting a person to marry under the age of 16
years.
May a Solicitor acting for the very young married
person assume that his client has the actual capacity to
make legal decisions simply because the Act has
"defined" the client as of "full age"? Equally, may a
Solicitor acting for a client who is entering into a legal
transaction with such a very young married person
assume that there is no legal danger of that young married
person later claiming actual lack of capacity in order to
avoid the transaction?
Perhaps the Oireachtas should grasp the legal and
social 'nettle' and amend the Marriages Act 1972 to bring
the minimum age of marriage from 16 years up to 18
years, leaving the President of the High Court to continue
to deal on application with the exceptional cases of
intended marriages under that age; and maintaining the
provisions of section 7 of the Marriages Act 1972 (which
section 2(4) of the Age of Majority Act has kept in force)
which requires the parents' consent to marriage of a
person up to the age of 21 years. •
43