The Gazette 1974

EDITORIAL Social Insurance for all

The principle of social insurance for all appears to have been accepted, when the Social Welfare Act 1973 was passed. Section 12 of that Act removed the remuneration limit of £1,600 which had been intro- duced by the Social Welfare (Miscellaneous Provisions) Act 1965 as from 1 April 1974 and henceforth all persons, whether employed or self-employed, are at one stroke liable to pay social welfare contributions regard- less of their remuneration. Socialists contend that if all persons pay the requisite contributions, they will in due course be entitled to the requisite benefits. This does not appear to take into account the wide wording of Article 40, Section 3 of the Constitution by which the State guarantees in its laws to respect and as far as possible to defend and vindicate the personal rights of the citizens. Furthermore the State is compelled without limit to protect as best it may, and in the case of injustice done, to vindicate the life, person, good name and property rights of every citizen. Insofar as a citizen wishes voluntarily to join the State social insurance scheme, obviously no restraints should be placed upon his wish. But it is submitted that previous Constitu-

tional judgments of the Supreme Court can be relied upon for the proposition that the Minister has not acted in accordance with the Constitution by compelling everybody to join a social insurance scheme willy-nilly) whether they wish to avail of the benefits or not, on the alleged ground of the Common good. It has been stated in the Sinn Fein Funds case—1950 I.R.—that the common good is not within the exclusive preserve of the Legislature. This appears therefore, to be a manifest injustice to the personal and property rights of the citizen if he has made satisfactory private arrangements through insurance to meet contingencies like illness, death or unemployment. In many Continen- tal countries, all citizens above a prescribed limit, which presumably would be £2,400, have a free choice to join or not to join a social insurance scheme. If as a result of Fitzpatrick v. Educational Company, a citizen has a right to join or not to join a trade union, it submitted that a citizen above a prescribed limit has all the more a right to join or not to join a prescribed social insurance scheme.

THE SOCIETY Proceedings of the Council

Twelfth Interim Report of the Committee on Court Practise and Procedure The Society have made detailed representations to the Department of Justice and Court organisations. The views of local Bar Associations were stressed by the Society in its representations. Review of Conveyancing Procedures The Council appointed a Committee to review con- veyancing procedures with a view to suggesting legis- lative reform which may be necessary. Practise by Solicitors as Unlimited Companys The Council were advised by Counsel that solicitors could not practise in the form of an unlimited com- pany. The Council accepted that this advice was cor- rect. Solicitor devoted to wholetime Legal Aid Project The Council approved of a newly qualified solicitor setting up a free legal advice project on the basis that he was restricted to acting on an advisory capacity for a limited period, after which the matter will be re- viewed.

FEBRUARY 7 The President in the Chair also present Messrs. B. Allen, Walter Beatty, Bruce St. J. Blake, John F. Buckley, John Carrigan, Anthony E. Collins, Gerard M. Doyle, Joseph L. Dundon, James R. C. Green, Gerald Hickey, Christopher Hogan, Michael P. Houlihan, Thomas Jackson, John B. Jermyn, Francis J. Lanigan, John Maher, Ernest J. kargetson, Perald J. Maloney, Patrick C. Moore, Patrick McEntee, Brendan A. McGrath, John J. Nash, Peter E. O'Connell, Patrick F. O'Donnell, Dermot G. O'Donovan, James W. O'Dono- van, Rory O'Connor, William A. Osborne, David R. Pigot, Mrs. Moya Quinlan, Brian W. Russell, Robert McD. Taylor and Ralph J. Walker. Gazumping The Council has arranged with the Construction Industry Federation for a meeting between members of the Legal Profession and of the Building Industry with regard to formulating standard policy relating to book- ing deposits taken by builders on new houses and to prevent any forms of "gazumping".

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