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GAZETTE
JANUARY/FEBRUARY 1995
Vacancy for Attorney
General Solicitors Eligible
In three months in 1978, there had been
three Popes. In just over three weeks in
1994, three Attorneys General served
the Government and people of Ireland.
Before the appointment of the third
Attorney General in 1994, the President
of the Dublin Solicitors' Bar
Association Mr
Michael D Murphy,
called for the appointment of a solicitor
as Attorney General. Bolstering his
argument Mr Murphy stated that many
solicitors have office management
experience, were involved on a daily
basis in drafting complex contracts and
agreements together with advisory
work of a complex nature. Representing
2,300 solicitors, Mr Murphy also
described the fact that solicitors were
debarred from applying for posts in the
drafting and advisory section of the
Attorney General's Office.
Buildings, Dublin, but readers may
wish to note that recently the position
of Attorney General of Gibraltar was
advertised. Irish Solicitors were eligible
to apply. Candidates were expected to
be experienced lawyers and have
substantial professional experience.
^Candidates should normally be below
the age of 60 but this was not an
absolute requirement and applications
would be considered from persons
between the ages of 60 and 65.
Under the Constitution of Gibraltar, the
Attorney General is responsible for
instituting and undertaking criminal
proceedings before any court of law in
Gibraltar. In exercising this function, he
is not under the direction or control of
any person or authority. In practice, the
Attorney General's chambers conduct all
cases in the Supreme Court. The
Attorney General is also responsible for
advising the Governor, the Gibraltar
Government and every Government
Department on all questions of civil
law. The Attorney advises on EC/EU
legislation to which the Government is a
party whether as plaintiff or defendant.
Further, the Attorney General is
responsible for drafting all legislation,
both primary and secondary, is an
ex
officio
member of the Gibraltar
Council and of the Gibraltar House
of Assembly.
The appointment was to be on a con-
tract basis for three years in the first
instance and may be renewed for
further periods by mutual agreement.
The successful candidate was also
entitled to fare-paid journeys between
Gibraltar and the candidate's point of
origin and subsidised accommodation
• including hotel accommodation for the
officer and his family between their
arrival and the time his quarters were
ready for occupancy. In addition to
i the Attorney General, the office is
composed of a law draftsman, senior
crown counsel and several crown
counsel..
Irish solicitors may wish to bear such
appointments in mind for the future.
Chief Justice Issues Memorandum
on New Form of Jurat
AG of Gibraltar in ceremonial garb.
There is no vacancy at present for an
Attorney General in Government
On 22 December 1994, the Chief
Justice, issued a memorandum to all
practising solicitors regarding the
exercise by them of the powers of a
Commissioner for Oaths conferred by
Section 72 of the Solicitors
(Amendment) Act 1994. On the
enactment of the Solicitors
(Amendment) Act 1994 on 4
November 1994, the provisions of
Section 72 thereof came into effect.
Section 72 gives to "every solicitor
who holds a practising certificate
which is in force
all the powers
conferred by any enactment or
statutory instrument... on a
commissioner for oaths."
A "solicitor who holds a practising
certificate that is in force" (hereinafter
referred to as
4
a practising solicitor')
who is also a commissioner for oaths
MAY,
continue to refer to
himself/herself in the jurat as a
"commissioner for oaths".
A practising solicitor who is not also a
commissioner for oaths
SHALL
refer
to himself/herself in the jurat as "a
practising solicitor."
Therefore, the following is the revised
adaptable standard form of jurat:-
"Sworn/Declared by [name of
deponent] this
day of
19
at
in
the City/County of
before me a commissioner for
oaths/practising solicitor, and I
know the deponent/declarant.
Commissioner for Oaths/Practising
Solicitor"
The full text of the memorandum is
contained in the 1995 Law Directory.
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