The Gazette 1977

MAY-JUNE

GAZETTE

rule of law and the protection of the rights and liberties of the individual. Because of the importance of the Garda Siochana in regard to this function it is most vitally necessary, both for the Force itself and the Public, that this function should be seen to be carried out in a just, impartial and proper manner. On this account it is desirable that the establishment of an autonomous Garda Authority should be seriously considered by the Government. I would once again like to emphasise that the Society is particularly concerned that the good name and image of the Garda Siochana be maintained and I would once again like to publicly pay tribute to the Force which is looked upon by the members of the Society as a Body of the highest integrity. Right to speak out clearly on vital matters In looking to the future it seems that the Society can, and should, articulate what it considers to be the needs of the Irish community in the last quarter of the 20th century. The Society considers that it is both the right and duty of lawyers to speak out clearly to the community on matters that it considers to be of vital concern to them in their daily lives. 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 situations which are of vital importance to the citizens of which they may not themselves be fully or adequately aware. The need to create an air of expedition and urgency in the processing of Court business is of very great importance to the Community. The entire legal process in the Court area is far too slow and cumbersome and with the hoped- for imminent emergence of Legal Aid the system as at present constituted is unlikely to be able to cope adequately with the new situation that is envisaged in consequence if in fact at all. On that account the Society is glad to see that the judicial establishment is to be increased. In itself this step is unlikely to achieve a great deal unless it is accompanied by a significant increase in support staff and the provision of adequate Court accommodation. In this regard the Legal Profession is particularly conscious that Family Law in this country is an area of rapid expansion and as the situation stands at present I do not believe that any of us can yet visualise how far this expansion will develop and how it will be serviced. I am glad, however, to be able to record the Society's welcome for the recent announcement by the Department of Justice of the proposed provision and expansion of facilities for Family Law Courts in the immediate future. Legal Aid In the coming years the greatest challenge facing the Legal Profession is likely to be in the area of Legal Aid. On the Criminal side, the recent Supreme Court decision in the Foran v. Healy case deciding in effect that a citizen accused of a criminal offence is entitled as of right to legal aid will undoubtedly have far reaching consequences for all concerned, particularly those charged with the administration of justice and the Legal Profession. If our experience is similar to that of the United States of America following the Gideon v. Wainwright judgment of the U.S. Supreme Court in 1963 which was to the same effect as the decision of our Supreme Court in the Foran v. Healy case, then in the very near future Criminal Law, especially in the Higher Courts will become a specialised 75

necessary final adjustments. The Education Advisory Committee and its many "course" sub-committees are well ahead in the formulation of the intensive programme envisaged and a start has been made in the preparation of the necessary detailed study material. A Director of Training, Mr. L. Sweeney, is due to take up this newly created position on the 1st June, 1977. The Society is deeply indebted to all concerned with the development of its new Educational Programme and I am glad to be able to take this opportunity of paying a special tribute and extending the thanks of the Society to the University Authorities in this country in particular who have co- operated in every way with the Society in its endeavours in this regard. Unfortunately, due to the teaching requirements of the high intensity course with its unavoidably heavy costs it will be necessary to limit the maximum intake number in any one year to 150 apprentices. I would like to emphasise that this is substantially more than the number required to meet the natural wastage in the profession, but it falls short of the total numbers currently seeking admission to the Society's Law School. It is thus important that those concerned with career guidance should be aware of the situation and, indeed, the Society has already alerted them to this fact. The Public Image of the Profession I consider it appropriate that on an occasion such as this that I should refer to the profession's public image. The Profession's role and the nature and complexity of the problems with which it has to deal are to a very large extent both misunderstood and misconceived by the Public. The Society processes with the utmost possible expedition all enquiries and while some of these, particularly with regard to delays may be justified the Society makes every effort to rectify any problems that arise as a result. Indeed the Society has received many expressions of thanks for the assistance and results obtained from enquiries in this regard. In this difficult area of the Society's activities the media have shown an understanding and appreciation of what the Society is endeavouring to achieve and I would like to take this opportunity of expressing the thanks of the Society for the degree of co-operation received from them. Garda brutality Recent months have witnessed allegations of brutality on the part of individual members of the Garda Siochana. The Society is concerned that such allegations have been made because it believes that the Garda Siochana is one of the finest police forces in the world of which fact the legal profession in this country is justly proud and holds them in the highest esteem. I am glad to have yet another opportunity of publicly paying tribute to the work and dedicated service that the Garda Siochana have given and are continuing to give to the people of this country in which they have the fullest possible support of the Society. Members of the Society throughout the country maintain excellent relations with the Garda Siochana, but the Force will appreciate that the Society is particularly concerned that the rule of law and the liberty of the subject be observed at all times, especially by those responsible for the administration of justice. The Garda Siochana are an essential element in the observance of the