The Gazette 1978

GAZETTE

OCTOBER 1978

(1) A sub-committee of this Committee also set itself the task of reviewing the Rules of

the Superior Courts and any recommendations or suggestions of members would be

welcomed by the Council,

(m) A sub-committee of this Committee is also in discussion with the Irish Land

Commission concerning the appropriate fees which should be charged under the

Farmers Retirement Scheme where the Commission have to date been refusing to

allow commutation of the annuity being taken into account in arriving at the probate

scale fee. .

(n) The conveyancing matters which have come before this Committee were referred to

the Standing Sub-Committee on Conveyancing who are shortly to publish a

recommended scale of fees on flat letting agreements and on simultaneous sale cum

mortgage transactions.

5.3

In many instances the Society assisted members who had queries concerning

their obligations under undertakings concerning the appropriate fees that they would

charge and concerning their obligations to their colleagues in relation to numerous

matters which they submitted for consideration.

5.4

The Committee would like to emphasise that it is not appropriate to seek the

Society's guidance or the advice of the Committee on matters of law or matters which

require a judicial decision.

5.5

As Chairman of this Committee in its first year of office, I would regard this

amalgamated Committee as being a success, and I would recommend its continuance in

this format. I would like to take the opportunity of thanking my deputy chairman, Mr.

David R. Pigot, and Mr. Basil Doyle, solicitor, and Miss Anne Kane, for the excellent

work they have done on behalf of the Committee in the past year.

PARLIAMENTARY

COMMITTEE

Donal G. Binchy

Chairman

William B. Allen

Richard J. Branigan

John Carrigan

Thomas I. Fltzpatrlck

Robert M. Flynn

John B. Jermyn

Patrick C. Moore

Brian W. Russell

6.1

The Committee had to consider a wide variety of legislation during the year

under review, including:

(a) The two new Landlord & Tenant Bills introduced by the present Government. These

resulted in a very heavy involvement for the Committee because of their far-reaching

effects on conveyancing practices, especially the provisions which made building

leases void. Detailed submissions were made on both Bills.

(b) The Consumer Information Bill 1977. Here the Committee gave special

consideration to the effect of this Bill on professional services and false or misleading

statements by professional persons. In general terms the Committee felt that

responsible solicitors had nothing to fear from the terms of this Bill.

the informal all-party Oireachtas Committee was studied by the Committee. The

Committee put in their submissions approving the creation of Ombudsman

suggesting some amendments of his role and powers. The Committee's special thanks

is due to Mr. John Jermyn who made a particular study of the report for the

Committee.

(d) Taxation Measures. The Committee put in various submissions on the Finance Bill

1978, Repeal of the Wealth Tax Act, the proposed amendments to the Capital

Acquisition Tax Act and Capital Gains Tax Act.

(e) Bankruptcy Law Committee Report. The Committee considered the report submitted

by the Bankruptcy Law Committee and made comments thereon for the assistance of

this Committee.

(f) English Law Reform Committee documents on the making and revocation of wills

and the powers and duties of Trustees were considered and noted by the members.

6.2

As advised in last year's report the Committee has undertaken a special study of

the Succession Act 1965. This constituted a new approach by the Committee, in that the

Committee took the initiative in suggesting new amending legislation as distinct from

studying and commenting upon current legislation. The profession was consulted through

the various Bar Associations and the Committee's study was brought to a conclusion

Donal G.

Binchy,

Chairman

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