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GAZETTE
APRIL 1977
in our laws. This is the right of any citizen, but it is in my
view a duty that is incumbent upon the legal profession
who are uniquely placed to judge the inadequacy of the
law in any particular respect. Contrary to what appears
to be a general misconception on the part of the public,
lawyers as such do not make our laws. This is the
function and the responsibility of the politicians. It is
reasonable to expect that our laws should reflect the
public need based on informed opinion and enlightened
concepts of not only the Common Good, but also of Justice
in the broadest possible sense of that term. Politicians are
unfortunately slow to take the initiative in the field of law
which might involve a conflict with ingrained traditions,
attitudes and beliefs based on dogmatic ideologies which
have ceased to have any reality in terms of present day
living. It is for these reasons that I believe it to be the
unquestioned right and duty of lawyers to point out
inadequacies and defects in our laws in order that the
public may realise that changes in the law are necessary
to promote justice and to ensure that all citizens are
treated equally before the law.
The Auditor in his paper has highlighted a glaring
inadequacy in our laws concerned with the status of so
called illegitimate children. Let us be clear about one
thing, namely, that there are no illegitimate children, there
are only illegitimate parents.
Whether a child is born within or without of wedlock
that child is still the child of its natural parents and
nothing any law can say or do can alter that fact and
recognition of the rights of that child should be enshrined
in our laws on the same basis as those rights are enshrined
and recognised in our laws for children who are born
within wedlock and thus regarded as legitimate. Such an
attitude cannot be reasonably regarded as condoning the
creation of a family type of situation outside the
institution of marriage, but that institution should not
require that the rights of illegitimate children be less than
those of legitimate children for the purpose of conferring a
legitimate child with additional legal status.
Legislators who are politicians are traditionally slow to
bring our laws into line with the requirements of a
changing Society and it is thus of vital importance that
the ultimate guardian of the Constitution and the
guarantor and the defender of the rights of the citizens,
namely the Supreme Court should ensure that the rights
of the citizens, in the absence of adequate laws, should be
upheld by means of enlightened constitutional
interpretation to accord with the requirements of
changing social attitudes.
I would like to commend most highly the Auditor not
only for the excellence of his paper, but for having
brought this subject of illegitimacy out into the open for
public debate by such a distinguished panel of speakers
who have themselves made a significant contribution to
this debate.
The Incorporated Law Society of Ireland is most
conscious of its role as the watchdog of the rights of the
citizens of this State and in particular the less privileged
sections of the community and in this regard I would like
to publicly take the opportunity of paying tribute to the
work of the Free Legal Advice Centres, staffed by law
students and supported by practising members of the legal
profession on an entirely voluntary and gratuitous basis in
the absence of any system of civil legal aid in this country.
The meeting then terminated.
LAW AGENT
Cavan Co. Council
Salary:
£7,300-£8,472. Entry above minimum
possible.
Essential:
Admission and enrolment as a Solicitor
in the State and eight years experience,
including experience of Court work.
For application forms and further details write to:
The Secretary, Local Appointments Commission, 1
Lower Grand Canal Street, Dublin 2.
Closing date: 28th April 1977
Not including first phase increase under
National Agreement, 1977
Valuation for compensation
is our business
Osborne King & Megran
)
Dublin 760251
Cork 21371
Galway 65261
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