The Gazette 1958-61

The result of the ballot for the 51 ordinary mem bers of the Council was as follows : John Carrigan, 482; Dermot P. Shaw, 475 ; Arthur Cox, 460 ; Thomas A. O'Reilly, 432 ; Niall S. Gaffney, 423 ; John R. Halpin, 422 ; Cornelius J. Daly, 422 ; Joseph P. Tyrrell, 421 ; Desmond J. Collins, 419 ; John J. Nash, 417 ; Patrick R. Boyd, 409 ; Robert McD. Taylor, 402 ; Charles J. Down ing, 397 ; James J. O'Connor, 392 ; Francis J. Lani- gan, 391 ; William }. Comerford, 385 ; Eunan Mc- Carron, 383 ; Patrick O'Donnell, 380; George A. Nolan, 376 ; Patrick Noonan, 373 ; Peter O'Con- nell, 371 ; Ralph J. Walker, 364 ; George G. Over- end, 357; John J. Sheil, 349; Terence de Vere White, 342; William Dillon Leetch, 334; Scan O'hUaclhaigh, 334 ; John Maher, 331 ; Desmond J. Mayne, 329 ; James R. Quirke, 308 ; John Kelly, 300. The President declared the foregoing members of - the Society duly elected to the Council in accordance with the scrutineers' report. The following candidates received the number of votes placed after their names : Brendan A. McGrath, 241 ; Benedict J. Daly, 228 ; Charles Hyland, 209; Francis A. Gibney, 174; Elizabeth M. Wright, 121. The President moving the adoption of the report of the Council said, Ladies and Gentlemen : Since our last Meeting it is with great regret that I have to tell you that the following members of this Society have died : James H. Murphy, Dundalk ; Alexander E. Don- nelly, Omagh ; Raymond Hickey, Dublin ; John J. A. O'Hare, Dublin ; Robert Heuston, Tipperary ; Roger O'Sullivan, Limerick; James C. Taylor, Bel fast (Extraordinary Member of Council from 1931 to date of his death) ; Richard J. McDonnell, Dublin ; Hutchinson E. Davidson, Ballinasloe ; Joseph .Mc- Cartney, Dun Laoghaire ; William S. Barrett, Dub lin ; David O'Flaherty, Dublin; Patrick Listen. Rathkeale ; T. Norman Lynam, Dublin ; Robert N, Keller, Dublin ; Thomas Early, Dublin ; John P. Dillon, Dunclalk; Jarleth A. O'Connell, Tuam ; James Neville, Bandon ; Peter C. Furlong, Dublin' Mr. James C. Taylor of Belfast was one of the extraordinary members of the Council of this Society appointed by the Council of the Incorporated Law Society of Northern Ireland. He had been an extra ordinary member since 1931 and although his duties in Belfast precluded him from attending regularly at our meetings he was always a welcome visitor and a friend of every member of the Council. We deeply regret his loss.

On behalf of the members of the Council and myself I desire to express my deep sympathy to their relations and friends. Solicitors Act At the half-yearly general meeting last May I then explained to you the position in which we stood as a result of the decision of the Supreme Court to the effect that the powers exercised by the Disciplinary Committee under the Solicitors Act, 1954 were un constitutional, and I then told you that the Council of the Society had applied to the Government for amending legislation and it was hoped that this would have been on the statute book by July last. I regret to have to say that our hopes have not, as yet, been fulfilled. The Council submitted a detailed memorandum of the matter to the Department of Justice which was carefully considered by the Minister and his Officials. The Secretary, Mr. Plunkett, and I have had at least five interviews with the Department, as a result of which a Bill was introduced in the Dail last July. That Bill still awaits consideration, and the Opposition have tabled a number of amendments to it. This is a most difficult and complex matter which needs the greatest care and thought. We have received very great assistance and con sideration from the Minister for Justice and the Sec retary of the Department, Mr. Coyne, and I am satis: fied that they are doing, and will do, what they can to press the matter through to a conclusion. It is imperative that this should happen as soon as pos sible, because we are, without amending legislation, in exactly the same position as we were last May. The Report of the Disciplinary Committee is pub lished on page 43 of the annual report which is now in your hands and you will there see what the Com mittee has done during the past year. They have done and have been able to do nothing. The Disciplinary Committee still has no powers of any kind and the , Society is still helpless so far as action against any defaulting solicitor is concerned. Legislation to re pair the void caused by the Supreme Courts decision is vitally necessary but as it is clear that this decision effects not only the solicitors' profession but also every other profession as well, the preparation of a new Act is a very difficult business. The Council are, however, satisfied that the prin cipal object should be to have a Disciplinary Com mittee exercising generally the functions of the old Statutory Committee established under the Act of , 1898. That Committee, under the 1898 Act, was em powered to find facts and to report to the Chief Justice on these facts and whether such facts consti tuted misconduct or not. It is the opinion of the