The Gazette 1975

8. That a new Bye-law 51 be adopted:— "The Society will not be responsible for any loss or damage that may happen to property of members in any of the premises of the Society from any cause whatever". 9. That a new Bye-law 51a be and it is hereby adopted as follows:— "51a. That wherever in these bye laws the term Secretary is used it shall be construed as meaning the Director General or other Officer designated by the Council for the purpose." The proposal to amend all these bye-laws was made by Mr. John Carrigan seconded by Mr. John Jermyn and duly passed. The President then mentioned the difficulties con- nected with the law fees previously presented in the Criminal Legal Aid Scheme. He stated that the Coun- cil had accepted the invitation of the Minister of Justice to discuss the matter. It had also been arranged that solicitors in the Dublin area who had refused to carry out the Criminal Legal Aid Scheme would resume their services as from Monday, 13th May. Mr. Gerald Hickey, Chairman of the Finance Com- mittee, then mentioned that there had been a good response to the proposed Superannuation Scheme for solicitors. The sum of £70,000 had been collected, arid brochures were available if required. An annual re- port on the position would be presented. As regards taxation , with regard to Section 176 of the Income Tax Act 1967, relating to disclosure of in- formation, any person required to do so by an Inspector must deliver a list of assets belonging to any person, together with his name and address. An arrangement had been reached with the Revenue Commissioner whereby such returns would only be made by solicit- ors in defined limited situations. Mr. Brian O'Connor feared the effects of the Wealth Bill 1975 which briefly provided that the Revenue Commissioners may demand from anybody without limit, information, documents and records relevant to the taxable wealth of another person. It would seem that the fundamental person right of privacy is dead. Mr. T. C. CMa h o ny was sceptical about the alleged protection afforded by the Treaty of Rome, and stated that, in the event of conflict with the Revenue Auth- orities, we would probably have to rely on the con- stitutional issue. Mr. Brian O'Connor, referring to the Capital Gains Tax Bill 1975, stated that, in sales of land exceeding £50,000 to non-residents, a solicitor could be liable per- sonally for the tax. He was pressing strongly for the exclusion of this provision. Mr. Prentice replied that the Society would make representations to the Minister for Finance which he had no doubt the Minister would consider. Education A letter which Mr. J. F. Buckley had written to all apprentices about the new Education Regulations was circulated. Th e effect of this letter is: —

(1) That the present First Law Examination will continue to be held as at present until September 1979. (2) That the present Second Law and Book-keeping Examinations will continue to be held until September 1981. (3) That the present Third Law Examinations will continue to be held until September 1982. (4) Anyone apprenticed between 1st October 1975 and 31st August 1978 may still qualify under the old system. (5) The new vocational courses under the new sys- tem will only come into force in October 1975. (6) A Graduate in Law of any Irish University who had taken Contracts, Torts and Real Property for his degree will be exempted from the First Law Examin- ation. (7) The former February Examinations will hence- forth as from 1976 be held at Easter, either before or after Easter, depending on the date of Easter. (8) In future only candidates who obtain 5 0% on all the papers in a particular examination will pass it. It will not be sufficient to have a mere average of 50%. (9) It is hoped as from October 1975 to expand the lecture course in Conveyancing — and in the Rights and Duties of Solicitors. (10) It is proposed to extend the lecture course in taxation by a further 25 lectures as from October 1975, and to introduce two separate papers in Tax Law as from September 1976. Th e terms of Mr. Buckley's letter were duly noted. Solicitors Acting for Both Parties The English Solicitors Practice Rules 1972, which came into operation on January 1973 provide that it is not professionally proper for a solicitor or a firm of solicitors to act for for both Vendor and Purchaser or for both Landlord and Tenant in transactions at arm's length and for value. This rule shall not apply if: — (1) The parties are associated companies (2) The parties are related by blood, adoption OT marriage. (3) Both parties are established clients of the same solicitors. (4) If, on a sale of land, the consideration is less than £1,000. (5) If due to distance it would not be reasonable for the client to consult another solicitor. These excemptions shall not apply if the vendor is a builder or developer. Mr. Walter Beatty and Mr. John Carrigan spoke strongly in support of these Rules. The position in England as to this matter was duly noted. The matter was referred to the next meeting of Pres- idents and Secretaris of Bar Association for further consideration. Blackball Place Wi th regard to the former King's Hospital School acquired by the Society in Blackball Place, it was stated by Mr. Peter Prentice, deputising for the Chair- man of that Committee, Mrs. Quinlan, that the orig- inal acquisition price for the premises of £100,000 had been paid in full. It was intended for the time 148