The Gazette 1975

hoped it would be extensively availed; the Bar Council and the Law Society should help them. We have allowed the problem of illegitimacy to remain on the statute book without any concern for its reform. Lord Justice Scarman in his recent Hamlyn lecture has shown, that, because the English Social Welfare code developed as an administrative means, it has become a technical area of administration which is of no concern to lawyers. In consequence what is termed "lawyer's laws" has become very narrow, rigid and unresponsive to modern developments. For instance the Law of Property is too concerned with feudal notions, and not enough with planning and the social implications of law. She wonders whether the amend- ment of parts of the Constitution relating for instance to Trade Union Law and to Education could be con- sidered by the Commission. Another example would be the urgent reform of the Larceny Act 1916, and of the jury system under the 1927 Act. She hoped that the reform of Family Law, which had recently been allocated to the Committee of Court Practice and Procedure, would be re-allocated to the Commission when it was established, but in view of past delays, the Commission would have to consider it as a top priority. It is essential to give this Commission a full mandate and a full staff. Senator Dr. No el Browne in welcoming the bill said: It is necessary to broaden the approach to Criminal Law, which is usually considered purely punitive. The Commissioners should understand the origins of aberrant behaviour by men in society, due to broken or drunken homes, etc. The McNaghten rules in relation to criminal responsibility should be modernised, and the law relating to suicide brought up to date. There is nothing abnormal in being a homosexual if you happen to be born that way; they should not be treated as outcast, and it is time to debate this subject. Extremists are the products of our society, yet all we do is repress them. The Attorney General in replying to the debate thanked the Senators for the welcome they had given the Bill. Consultation with other appropriate persons and bodies was most important. The views of psychologists and of psychiatrists would be carefully considered in reforming the Criminal Law. One of the reasons for not implementing the excellent reports of the Committee on Court Practice and Procedure was the lack of legal expertise in the Department con- cerned. The Commission will first have the onerous job of deciding where first to give priorities, bearing in mind the limitation of personnel. The Commission would hope to set up a Standing Committee with a professional research team available and with the collaboration of outside experts, who will be able to draw up reports more speedily. The final decision whether to introduce the measure will rest with the Government of the day. If the homework is done, it is essential that it be implemented rapidly, Law Reform is not merely a reform of "lawyers laws", but definitely also a concern of social reform. The Com- missions will have power to consider Constitutional amendments if they impinge on Law Reform. The Commission may decide to refer a point of Law Reform to an existing commission already dealing with it, or

refer Consolidation to the existing consolidation office. In Criminal Law the emphasis should be definitely on rehabilitation. The Committee Stage was then taken. The Attorney General made the following points in reply to questions:— (1) He hoped to establish the Commission as soon as possible. (2) The Commission will have to be a working Commission which will produce results. A policy discussion of the Government will have to be taken as to whether the Bankruptcy Law Commission Report is to be implemented — it will not be referred to the new Commission. If a vacancy occurs, the terms and conditions of the new appointee would be decided by the Government. In the preparation of draft bills by the Commission it is hoped that the assistance of the Parliamentary Draftsman's Office and of the Office of Statute Law Reform and Consolidation, would be available. (3) It is hoped that the Commission will publish preliminary working papers and it is also hoped to appoint a non-lawyer to the Commission because, as Senator Robinson stated, the background of many senior members of the legal profession is narrow. If the Government reject proposals submitted on a pre- liminary working paper, they will doubtless have to give reasons in the statutory Annual Report to be published. There is a duty cast upon the Commission to bring in a substantial report. (4) The moneys to be available to the Commission should be such as will allow them to perform their functions fully, and this should be made known to the Minister for Finance. It is vital that he should not adopt a parsimonious attitude in relation to the Com- mission. The Commission is to consist of a President and 4 other members. It is hoped that the Com- missioners will be appointed full-time, but this will not necessariliy be so. The First Bayside Village Development Society Limited Residents Association Secretary, 42 Sutton Downs, Law Society of Ireland, Sutton, Co. Dublin. Dublin 7. Tel. 324422 26th June 1975 Dear Sir, The Management Committee of The First Bayside Village Development Society Ltd. would like to draw your Members' attention to Item 19, 4th Schedule Lerse of Bayside, which deals with transfer of shares of this Society. It has come to our notice that a number of sales in this Estate conveyanced by your Members have failed to comply with this Item and we view this failure by your Members in a very serious light, as it is the cus- tom of this Society to ensure that all monies owing to it are paid before any transfer is approved. Any queries regarding outstanding debts can be sent to me at 42 Sutton Downs, Sutton. Yours faithfully Deirdre Spendlove (Mrs.) Secretary. 165