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GAZETTE
JANUARY/FEBRUARY 1978
to be made is in regard to the illegitimate child, his
rights to support, to inherit and his general legal
status".
36
If this proposed legislation is not enacted in
the near future, then it is to be hoped that the
Parliamentary Assembly and even more so the
Committee of Ministers, will play a far greater and more
influential role in exerting pressure on our Government to
introduce this "rapid and progressive elimination" of
discriminatory treatment levied on illegitimate children.
Whilst not wishing to detract from the important role
the Charter has played in achieving greater social, legal
and economic unity amongst the Contracting Parties,
27
it
must be pointed out that it has not had the same dynamic
effect which it could otherwise have had were it endowed
with a more independent method of control. At present,
the Charter is too much influenced by political motives
which undoubtedly leads to a dampening effect on the
effective exercise of its provisions. It was stated by the
Council of Europe itself in an introduction to the Social
Charter in 1967 that the social level of most Member
countries at that time was sufficiently high for the rights
proclaimed by the Charter to be respected within the
jurisdictions of those countries;
2
* since it is now some
eleven years since that statement was made, perhaps the
time is nigh for the Committee of Ministers to adopt a
more forthright role in ensuring that as many of those
rights as possible are indeed respected within the territory
of each of the Contracting States. Art. 17 clearly
provides a base upon which to embark on this new role!
This article is an extract from a paper being prepared in pursuance of a
Council of Europe Fellowship for legal studies and research. However
the views expressed are those of the author solely.
1. Council of Europe Doc. 3276 revised.
2. See Report of Independent Committee of Experts dealing with
situation of children born outside wedlock with regard to inheritance,
Doc. Exp/Ch Soc (75)7.
3. Parliamentary Assembly Opinion No. 71 (1975) Paragraph 4.
4. From an essay on the European Social Charter by M. Evans in
"Fundamental Rights" a volume of essays to commemorate the 50th
anniversary of the founding of the Law School in Exeter 1923-1973
(Sweet & Maxwell).
5. Art. 25(1) of the European Social Charter.
6. See Opinion No. 57(1971) Paragraph 5 & 6 of the
Parliamentary Assembly which notes in most praiseworthy terms the
important role played by the Independent Committee of Experts.
7. Art. 29 provides that a recommendation can only be made on a
two thirds majority of those members entitled to sit on the Committee
of Ministers and after consultation with the Parliamentary Assembly.
8. See 3 above.
3. See Evans at 4 above, p. 288.
10. See Appendix 1 of the Second Report of the Governmental
Committee on the European Social Charter, Doc. CG/Ch Soc (72)
40 which sets out the results of the examination of the biennial
Governmental Reports by the Independent Committee of Experts.
Ireland is shown as having increased by 100% in "satisfied
provisions" since the first biennial report. The next highest figure is
Norway with an increase of 30%.
11. Contrast with Art. 41 of Bunreacht na hEireann.
12. Applications 514/59, Yearbook 3, p. 169.
13. Applications 7289/75 and 7349/76 (as yet unreported).
14. See (a) "The European Convention on Human Rights", by
Francis G. Jacobs at p. 162; (b) "The Application of the European
Convention on Human Rights" by J.E.S. Fawcett at p. 226; (c) "Privacy
and Human Rights" ed. by A.M. Robertson.
15. This Article should be read in conjunction with Paragraph 17 of
Part I of the Charter which provides that "mothers and children,
irrespective of marital status and family relations, have the right to
appropriate social and economic protection".
16. Resolution (70)15 adopted by the Minister's Deputies on 15th
May, 1970.
17. See 2 above, p. 7.
18. Doc. CG/Ch Soc (74) 14, pp. 7-8.
19. Doc. 3276 revised, p. 4.
20. "The European Convention on Human Rights" by Francis G.
Jacobs at p. 4.
8
21. Sect. 19 of the Courts Act, 1971, and Sect. 28 of the Family
Law (Maintenance of Spouses and Children) Act, 1976.
22. See 2 above, p. 8.
23. No. 71(1975).
24. Explanatory Report to Opinion No. 71 (1975).
25. See 18 above, p. 8.
26. Dail Debates Vol 284 No. 1, p. 162. See also the remarks of
Mr. Collins then shadow spokesman on Justice and now Minister for
Justice at p. 8 of the said report.
27. It should also be noted, as was remarked upon by the
Independent Committee of Experts, that the standards to be attained
by the Charter are sometimes of a very high level.
28. European Social Charter booklet issued by the Directorate erf*
Information of the Council of Europe.
INTERNATIONAL BAR ASSOCIATION
The Section on Business Law of the International Bar
Association is arranging a Seminar on "Extraterritorial
Problems in Insolvency Proceedings" to be held at the
Brussels Europa Hotel, Brussels, on Thursday, April 13th
and Friday, April 14th, 1978.
The Rt. Hon. Lord Shawcross, G.B.E. Q.C., will be in
the Chair and the main speaker will be Professor Hans
Hanisch of the University of Geneva. Representatives of
the E.E.C. Commission will describe the European
position concerning the two topics, "The Debtor's Assets
Situated Abroad in Domestic Bankruptcy" and
"Composition and Discharge in International Insolvency
Cases", especially with regard to the Draft E.E.C.
Bankruptcy Convention. In addition, lawyers from Europe
and other countries will discuss the legal position under
their national laws.
The fee is Belgian Francs 6,000 for members of the
I.B.A. and Belgian Francs 7,500 for non-members, and
includes documentation, luncheon and refreshments on
both days.
All enquiries should be made to:
The International Bar Association,
Byron House,
7-9 St. James's Street,
London SW1A 1EE.
Tel: (01) 930 6432/3. Telex: 8812664INBAR G
Criminal Justice (Legal Aid) (Amendment)
Regulations, 1978
On February 15, 1978, the Minister for Justice made an
Order entitled Criminal Justice (Legal Aid) (Amendment)
Regulations, 1978, S.I. No. 33 of 1978. These
Regulations, which are retrospective to 28th September,
1977, provide for changes in the fees and expenses
payable to solicitors under the Criminal Legal Aid
Scheme. Increased fees are prescribed in respect of
hearings in the District Court and the hearing of appeals
to the Circuit Court. The fees in all other cases will be
related to those payable to defence counsel. Increased fees
for prison visits and increased travelling expenses are also
prescribed and provision is made for the payment of
reasonable disbursements.