144 / 264
GAZETTE
JULY
child's grandmother would give him a good example.
In considering the case of
EX.
v.
MX.,
(1974)
Fitzgerald C.J. said that the wife's conduct had the effect
of breaking up the marriage, and of ruining her own life
and that of her husband. If she persisted in that conduct,
it would inevitably result in ruining the lives of the two
children.
Walsh J. stated that on the facts, the wife had a
permanent adulterous relationship with Mr. M. She had a
separate establishment from the husband. The husband
and wife were both wealthy, but the wife's efforts to
obtain an annulment before die Ecclesiastical Courts had
failed. The wife had quite openly and intentionally broken
the matrimonial bond. In so far as the question of the
social, moral and religious aspects of the children's
welfare are concerned, there is a very marked difference
between the husband and the wife; the way of life chosen
by the wife is the more likely to be harmful to the
children's welfare.
Budd J. stated that the husband was in a position to
provide a suitable home and suitable care and attention
for the children. It was unlikely that the knowledge of the
wife's liaison could be kept from the children for long; she
was thus unable to give a good example.
Henchy J. stated that the wife had acted capriciously
and irresponsibly on occasions, and this led to final
separation in 1973. In his view, there was insufficient
evidence at the hearing before Kenny J. to establish the
alleged permanent adulterous relationship with Mr. M.
He also thought that the medical evidence, which stated
that the daughter's health would be impaired if she did not
stay with her mother, should not have been excluded. The
wife had given an undertaking that Mr. M. would have no
contact with the children, and the children appeared to be
happy with their mother. A change would entail an
exchange of the known for the unknown. In view of the
importance of the children's welfare, it was essential that
the full evidence should be heard. Griffin J. concurred.
APPOINTMENTS
Mr. Declan Costello, Attorney-General, has been
appointed a Judge of the High Court.
Circuit Judge James D'Arcy has been appointed a Judge
of the High Court.
Mr. Timothy Desmond has been appointed a Judge of the
Circuit Court.
Mr. John Grattan Esmonde has been appointed a Judge
of the Circuit Court.
Mr. Seamus Mahon, Solicitor, Tullamore, has been
appointed a Justice of the District Court.
Mr. Anthony Hederman, S.C., has been appointed
Attorney-General.
Mr. John Fitzpatrick, Solicitor, 67 Fitzwilliam Square,
Dublin 2, has been appointed Solicitor to the Attorney-
General.
Mr. Brendan Toal, Barrister-at-Law, has been appointed
a Commissioner of the Land Commission.
CORRESPONDENCE
The Cons t ruc t i on Industry
Federation,
9, Leeson Park,
Dublin 6.
16th August, 1977.
The Editor,
Incorporated Law Society Gazette.
Dear Sir,
I refer to the article in your January-February issue
entitled "Purchasers at Risk on Deposits". You refer to
representations made to the Construction Industry
Federation and state that "but while they have been
contemplating some sort of a guarantee system, none is
likely to be produced in the immediate future".
There may be a misunderstanding here. We propose to
introduce, with effect from the 1st January 1978, a
Structural Guarantee Scheme for privately owned houses
built by member firms. With regard to a guarantee
scheme for purchasers who pay a deposit and then find
that the builder becomes insolvent, there are, particularly
at the present time, difficulties in this regard and there is
also an alternative and more satisfactory solution.
Firstly, as we will shortly introduce the above
mentioned scheme for structural defects, it would be most
unlikely that we could introduce another scheme in or
around the same time. The Structural Defects Scheme will
be financed by our members and it will take some time
before we can see what the ratio of claims is. Secondly,
funding a scheme to protect deposits would be extremely
difficult as the experience in this regard would not be
sufficient to provide data from which a properly
structured scheme could be based; also, of course, it
would ultimately add to the cost of housing as it would
have to be financed. The incidence of builders accepting
deposits and then becoming insolvent is rare but I
appreciate fully that it causes extreme hardship to the
house purchaser. A far better way of dealing with the
matter, which would avoid the expense of setting up a
deposit guarantee scheme and at the same time deal with
the problem, would be to amend the legislation relating to
insolvency, to specify that persons who place deposits
should be regarded as preferential creditors given the
same rights over mortgage or debenture holders as
workmen are for the purpose of wages and the
Government for the purpose of taxes. This would
effectively protect the house purchasers without having to
set up an elaborate and possibly costly scheme.
Yours faithfully,
THOMAS REYNOLDS, Managing Director.
Council of Europe —Study visits Abroad
The Council of Europe has drawn up a scheme to
promote study visits abro
oH
by lawyers from member
States of the Council.
Full particulars and application forms for assistance
towards organising or financing study visits in accordance
with the scheme are available on request from the
Secretariat of the Department of Justice, 72/76 St.
Stephen's Green, Dublin 2. Completed forms should
reach the Department not later than 30 September, 1977.
109