The Gazette 1977

GAZETTE

OCTOBER 1977

21. Unethical conduct — obtaining Judgment by surprise. 22. Dissolution of Partnership — Press Notices. 23. Insurance Companies appointing own Solicitor to defend proceedings where client has his own Solicitor. 24. Solicitors acting for two parties in one transaction. 5.2 During the year a sub-committee of your Committee dined with Members of the Irish Medical Association and resolved matters of misunderstanding regarding Medical Reports and Relationship between the Association and your Society and they also met with the Legal Staff of Allied Irish Banks and discussed matters in relation to the Banks Mortgages. 5.3 Your Committee also adopted the role of appointing a sub-committee to hear Members of the Profession who had been complained against and investigated the nature of the complaint and reported fully thereon. 5.4 Perhaps the greatest achievement was the Sub-committee formed under the Chairmanship of Past President Mr. P. C. Moore who prepared and drafted a form of Undertaking which it is now hoped will be in universal use by Members of the Society within the year. This clarifies once and for all the matter which has taken up time of your Committee during past years namely, Undertakings. 5.5 I personally take this opportunity of thanking my Colleagues on the Committee for the time and energy which they so unselfishly gave during the past year in the interest of this Profession and of their Colleagues.

6.1 The function of the Parliamentary Committee is to report to the Council on legislation introduced in the Oireachtas or Statutory Instruments which appear to affect the profession or the administration of justice. In order to discharge this role the Committee try to procure copies of all pending Bills at the earliest possible date; and to have these considered and studied by the Committee or members ofthe profession having special expertise in relation to any Bill. Following this the Committee make such submissions thereon as the Council may approve to the Government. This is frequently a difficult task, especially when there is a large volume of legislation going through the Oireachtas or where Bills are being put through quickly without debate or opposition. The Committee's task is further complicated by the fact that representations on matters of policy will generally not be entertained by the Government or Civil Service and effective representations are therefore substantially confined to matters of construction, interpretation or omissions from legislation. 6.2 In the year under review the Committee gave special consideration to the following: (i) The Anti-Discrimination (Unfair Dismissals) Bill 1976 upon which certain submissions were made. (ii) The problems arising from the Family Home Protection Act 1976. This Act was put through the Oireachtas so quickly that the 1976 Committee had no opportunity of making any submissions thereon. The profession is by now well aware of the conveyancing difficulties created by this Act in relation to the "Family Home" and prior written consent required from the spouse without which "the Conveyance" is void. This was also considered and dealt with by the Conveyancing Committee who made very strong representations for amendments without success. The conclusion was that the profession would have to live with the Act for the present at any rate. (iii) The Landlord & Tenant Bill 1977: This Bill together with many submissions from members of the profession was considered and analysed in depth by the Committee. A detailed submission was prepared and made to the Minister for Justice. The Committee also met the Minister and members of his Department for a long discussion thereon. The Bill, however, lapsed with the defeat of the last Government but it is hoped that the Committee's work will provide a useful base in considering any new Landlord & Tenant Bill that may be introduced by the present Government. (iv) The Committee also gave preliminary consideration to the White Paper on Nullity and the draft Bill which accompanied same. Again this passed into limbo after the General Election. (v) Succession Act 1965: Arising from suggestions by some members of the profession this Act was considered fully by the Committee and a Memorandum suggesting the need for certain amendments was circulated to the profession through the Bar Associations. The Committee propose to make a submission to the present Government on this Act and will welcome any further suggestions from the profession. 6.3 Generally speaking the work load of this Committee has been temporarily eased by the change of Government since all pending legislation has lapsed. The Committee are seeking a meeting with the new Minister for Justice to try and establish a relationship which will ensure proper advance particulars of new Bills and the best basis for making effective submissions. The legislative programme of the present Government is awaited with interest. The Committee will do its best to study and report on future Bills bearing in mind its obligations to the profession, the administration of justice and the public good.

PARLIAMENTARY COMMITTEE

Donal G. Binchy, Chairman

William B. Allen Adrian P. Bourke Anthony E. Collins Robert M. Flynn Raymond T. Monahan Patrick C. Moore John J. Nash Patrick F. O'Donnell William A. Osborne Brian W. Russell Andrew F. Smyth

Donal G. Binchy, Chairman

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