The Gazette 1977

APRIL 1977

GAZETTE

in our laws. This is the right of any citizen, but it is in my view a duty that is incumbent upon the legal profession who are uniquely placed to judge the inadequacy of the law in any particular respect. Contrary to what appears to be a general misconception on the part of the public, lawyers as such do not make our laws. This is the function and the responsibility of the politicians. It is reasonable to expect that our laws should reflect the public need based on informed opinion and enlightened concepts of not only the Common Good, but also of Justice in the broadest possible sense of that term. Politicians are unfortunately slow to take the initiative in the field of law which might involve a conflict with ingrained traditions, attitudes and beliefs based on dogmatic ideologies which have ceased to have any reality in terms of present day living. It is for these reasons that I believe it to be the unquestioned right and duty of lawyers to point out inadequacies and defects in our laws in order that the public may realise that changes in the law are necessary to promote justice and to ensure that all citizens are treated equally before the law. The Auditor in his paper has highlighted a glaring inadequacy in our laws concerned with the status of so called illegitimate children. Let us be clear about one thing, namely, that there are no illegitimate children, there are only illegitimate parents. Whether a child is born within or without of wedlock that child is still the child of its natural parents and nothing any law can say or do can alter that fact and recognition of the rights of that child should be enshrined in our laws on the same basis as those rights are enshrined and recognised in our laws for children who are born within wedlock and thus regarded as legitimate. Such an

attitude cannot be reasonably regarded as condoning the creation of a family type of situation outside the institution of marriage, but that institution should not require that the rights of illegitimate children be less than those of legitimate children for the purpose of conferring a legitimate child with additional legal status. Legislators who are politicians are traditionally slow to bring our laws into line with the requirements of a changing Society and it is thus of vital importance that the ultimate guardian of the Constitution and the guarantor and the defender of the rights of the citizens, namely the Supreme Court should ensure that the rights of the citizens, in the absence of adequate laws, should be upheld by means of enlightened constitutional interpretation to accord with the requirements of changing social attitudes. I would like to commend most highly the Auditor not only for the excellence of his paper, but for having brought this subject of illegitimacy out into the open for public debate by such a distinguished panel of speakers who have themselves made a significant contribution to this debate. The Incorporated Law Society of Ireland is most conscious of its role as the watchdog of the rights of the citizens of this State and in particular the less privileged sections of the community and in this regard I would like to publicly take the opportunity of paying tribute to the work of the Free Legal Advice Centres, staffed by law students and supported by practising members of the legal profession on an entirely voluntary and gratuitous basis in the absence of any system of civil legal aid in this country. The meeting then terminated.

LAW AGENT Cavan Co. Council

Valuation for compensation is our business

Salary: £7,300-£8,472. Entry above minimum possible. Essential: Admission and enrolment as a Solicitor in the State and eight years experience, including experience of Court work.

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Osborne King & Megran

For application forms and further details write to: The Secretary, Local Appointments Commission, 1 Lower Grand Canal Street, Dublin 2. Closing date: 28th April 1977

Dublin 760251 Cork 21371 Galway 65261

Not including first phase increase under National Agreement, 1977

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