The Gazette 1988

DECEMBER 1 9 88

GAZETTE

If any of the members of the Law Society need further information or assistance please contact DONAL C. LINEHAN, Data Protection Commissioner, 72 - 76 St. Stephen's Green, Dublin 2. Tel. 787911 Ext. 367. EXCHANGE CONTROL A change in the exchange controls on transactions in foreign securities will come into effect on 1 J a n u a ry 1989. From that date Irish residents will be permitted to purchase, using Irish pounds, (a) shares; and (b) medium- and long-term securities issued by residents of the European Communities or of other countries. The purchase of s ho r t - t e rm foreign securities, i.e., negotiable securities w i t h a maturity of less than t wo years at date of issue, will continue to be restricted. All transactions by Irish residents in foreign securities, including settlements, must continue to be routed t h r ough Irish App r oved Agents. N.B. EXCHANGE CONTROLS IN OTHER AREAS ARE UNCHANGED A ND SHOULD BE STRICTLY ADHERED TO. A further communication setting out full details of this relaxation of the exchange controls will be sent to Authorised Dealers and other i n t e r e s t ed pa r t i es be f o re t he implementation date of 1 January, 1989. • Solicitors - how public are your private conversations? The problem of private consultations being overheard by those in waiting areas is quite a common one, particularly when the areas is close to the consulting room Now there is an inexpensive electronic solution to this problem that is easy to install and requires no structural alteration! W i th S o u n dma s k i n g, conversations are kept private and confidential a benefit for both lawyers and their clients. - For further particulars contact: S o u n dma s k i ng Ltd. 25 Harcourt StrMt, Dublin 2. Tal: 780499/780037

negative searches may be lodged, written-up, taken out and then re- lodged for updating. The Com- mittee is of the view that the obligation lies on the Solicitor acting for the Builder to provide each Purchaser's Solicitor w i th an up-to-date negative search. The Builder's Solicitor should l odge t he s ea r ch be f o re t he commencement of the develop- ment and provide each purchaser w i t h a copy of the search. On the completion of the development the search should be lodged by the Builder's Solicitor for up-dating and a certified copy w i t h all acts explained/discharged sent to each Purchaser's Solicitor. Solicitors acting for purchasers of new houses, should obtain an undertaking to the above effect from the Builder's Solicitor on closing. • DATA PROTECTION ACT 1988 This Act is concerned w i th personal information kept on computers. It gives individuals a right of access t o c omp u t e r i s ed i n f o r ma t i on relating to t hem and a right to have it rectified or, where appropriate, erased. It also creates obligations for those who keep and process such information, including an obli- gation on some of t hem to register. Amo ng those who are required to register are persons and bodies who keep personal data relating to racial origin, political opinions, religious or other beliefs, physical or mental health (other than health data kept and used only for personnel purposes), sexual life or criminal convictions. Accordingly, any solicitors w ho keep such sensitive data (e.g. health, criminal convictions) on computer will need to register. The registration requirements, wh e r e t hey apply, e x t end to personal data whe t her kept on mainframes, minicomputers, micro- computers (personal computers) or word processors. The regulations necessary for bringing the registration provisions of the Act into operation will be made w i t h in the next f ew weeks and registration will commence early in January 1989. It will be an offence for any person or body who is required to register not to do so on or before the closing date for registration, wh i ch is expected to be not later than mid-April 1989.

Pract i ce Notes

"LLOYD'S UNDERWRITERS There is no need to apply for leave to serve outside the jurisdiction in cases involving Lloyd's Under- writers. Raymond R McGovern, Lloyd's Underwriters Sole General Representative in Ireland of W. G. Bradley & Sons, 52 Fitzwilliam Square, Dublin 2, is obliged to accept service of proceedings in this jurisdiction on behalf of Lloyd's Underwriters at his address. Also, Mr. McGovern may be n amed as De f e n d a nt in t he proceedings as follows: 'Raymond P. McGovern for and on behalf of certain underwriters at Lloyd's subscribing to Policy No. . . . • In 1986, w i t h the co-operation of the Irish Medical Organisation, Panels of Medical Consultants who were willing to assist Plaintiffs in medical negligence cases were established. The Litigation Com- mittee is anxious to ascertain what the experience of the use of these panels has been. Members who have made use of the panel system are asked to write to Anna Hegarty, Secretary to the Litigation Committee, the Law Society, Blackhall Place, setting out their experiences of the system. • NEGATIVE SEARCHES AND BUILDERS The Conveyancing Committee was asked to review the practice of Bu i l d e r 's So l i c i t o rs p r o v i d i ng negative searches. The Commi t t ee made enquiries of the Registry of Deeds and understands that the Registry still operates the s y s t em whe r eby MEDICAL NEGLIGENCE CASES - PANELS OF EXPERT WITNESSES

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