The Gazette 1991

GAZETTE

JULY/AUGUST 1991

BARRISTERS MAKE CHANGES About 500 of the country's barristers at the largest ever meeting of the Bar of Ireland held in the Law Library in the Four Courts, Dublin, on June 22, 1991 voted for competition in the provision of the services of the Bar when they decided to remove from their rules any rules fixing the number of counsel to be briefed in a case and as to the relationship of their fees. As a result, these will all be matters for agreement between the barrister and the client, through the solicitor. These changes will become effective with the passing into law of the Courts (No. 2) Bill, 1991, which will increase the jurisdiction of the Circuit Court to £30,000. The Chairman of the Bar Council, Nial Fennelly SC, made the following comments. "[The] meeting resulted from a very extensive review of the structure of the Bar and pro- fessional practice. It included consideration of the Report of the Fair Trade Commission pub- lished last year. Detailed discuss- ions have taken place with the Minister for Justice concerning changes which he requested in the interests of the public. Following the changes which have been agreed, the Bar is confident that it cannot be accused of maintaining restrict- ive practices regarding the pro- vision of its services. Its role is to provide, by means of the independent practitioner, legal representation and legal advice efficiently and at a reasonable cost to the public through the solicitors' profession throughout the country. It will be a vigorous independent self-regulating profession and can face the future with confidence. The barristers also adopted a new disciplinary code for the Bar. The Federation of Irish Employers and the Irish Congress of Trade Unions have agreed to nominate the lay representatives to the new Barrister's Professional Conduct Tribunal. TRADE DISPUTE LAW The Minister for Labour, Mr. Bertie Ahern, reviewed aspects of trade 245

JUDGES OF THE DISTRICT COURT The Courts (No. 2) Bill 1991 was passed by the Dáil on July 3 1991 and on July 9, 1991 by the Seanad. This legislation, inter alia, extends the jurisdiction of the Circuit Court from £15,000 to £30,000 and the jurisdiction of the District Court from £2,500 to £5,000. The legislation also provides, inter alia, for a change in the mode or style of address of judges of the District Court. The mode or style of address will change from "Justice" to "Judge." The Minister for Justice, Mr. Burke, stated in the Dáil on July 3, 1991 that although under the Constitution, District justices were judges, they had been styled as justices since the foundation of the state. The existing statutory provisions (con- tained in section 5 (2) of the Courts Establishment and Constitutional Act, 1961) provided that each judge of the District Court shall be styled "Justice of the District Court." The Minister stated that there had been recommendations previously to change the style of address of a judge of the District Court including one by the Committee on Court Practice and Procedure and the opportunity was taken in the Bill to make the change. The Minister stated that the

change in the style of address in judges in the District Court will come into effect three months after the date of passing of the Bill. This will allow for the passing of other Bills before the Oireachtas which contained references to justices of the District Court, without having to amend them. As and from the commencement date, all reference to justices contained in any statutory or statutory instrument in operation on that date would be construed as a reference to a judge of the District Court by virtue of section 21 of the legislation. The Minister for Justice, Mr. Burke, thanked deputies in the Dáil for the welcome they had given to the amendment which proposed that in future justices of the District Court would be known as judges of the District Court. The Minister stated that the change was more than symbolic as 90% of the people who contact with the courts of the land did so at District Court level. It was important that the men and women who sit on the bench of the District Court should be addressed as "judge" which is what they were and what the public perceive them to be. The Minister was glad to have the opportunity to remove the title "justice" - a relic of olden days - from the statute book.