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GAZETTE
OCTOBER- 1977
14.7
An Opinion was taken from Counsel on the entitlement of Northern Ireland Solicitors to practise in
the Republic. The case was subsequently re-submitted to Counsel to take account of the E.E.C. Lawyers
Directive, and this further Opinion was noted. The Department of Justice have been advised on the Opinion.
14.8
V.A.T. on legal services became an issue during the year in the light of proposals emerging from
Brussels. A Meeting was arranged with the Revenue Commissioners and it was understood from this
discussion that in the case of Irish lawyers there would be a derogation from the Directive for a period of five
years, and possibly a further derogation after that period.
14.9
The Chairman of the Parliamentary Committee was requested to attend a Colloquy on European
Law on the subject of "Forms of Public Participation in the preparation of Legislative and Administrative
Acts" in October 1977. Mr. Garrett Sheehan and a representative of the Council attended a Council of Europe
Meeting with representatives of Bar Associations of the nineteen members of the Council of Europe in
Strasbourg in October 1977, on Human Rights legislation within the Member States.
14.10
The Committee gave active consideration during the year to establishment of an Irish Solicitors'
European Group. The objective would be to liaise with a similar group recently established in Northern
Ireland and with the standing Group in London, part of the English Law Society. It has been decided in
principle that the matter be raised with the Society of Young Solicitors to ascertain if the establishment of such a
body could be effected.
14.11
The Committee considered other matters, such as the introduction of an identity card for lawyers
within the Community, the effect of Irish Firms opening Offices abroad and Foreign Firms opening Offices in
Ireland, the attendance by Irish Solicitors at the International BarAssociation Meeting in Australia in 1978,
and the effect of the Law Society joining the International Chamber of Commerce. Particular thanks are
expressed by the Committee to the Administration of the Law Society, and especially to the Committee
Secretary, Miss Margaret Byrne, who patiently effected the transition from the previous year, and who
successfully monitors the minutes and agenda of the Committee from one meeting to another.
COMPANY LAW
COMMITTEE
Brian J. O'Connor
Chairman
Walter Beatty
Anthony E. Collins
Francis D. Daly
Michael G. Dickson
Mary Finlay
Houghton Fry
Michael Irvine
Patrick Kilroy
James M. O'Dwyer
Laurence K. Shields
15.1
The work of the Company Law Committee in the year has been twofold. Firstly, a review of the
technical operation of the Companies Act 1963 was completed. This has been submitted to the Department of
Industry, Commerce and Energy for consideration. Comments were also submitted to the Department on
submissions by other bodies on the same topic.
15.2
The second aspect of the Committee's work has continued to be in the area of Harmonisation of
European Company Law. Here, the main activity has been the Third Draft Directive on National Mergers. The
Community appears to be inactive in other areas. However, the coming year is expected to be important for
Company Law in Ireland. The draft legislation to implement the Second Directive on Company Law is expected
soon. Furthermore, the new government can be expected, once again, to introduce a Mergers and Monopolies
bill. It is to be hoped that it will be an improvement both on its own bill when last in office and on that of the
coalition.
Brian J. O'Connor.
Chairman
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