The Gazette 1995

GAZETTE

JANUARY/FEBRUARY 1995

Buildings, Dublin, but readers may wish to note that recently the position of Attorney General of Gibraltar was advertised. Irish Solicitors were eligible to apply. Candidates were expected to be experienced lawyers and have substantial professional experience. ^Candidates should normally be below the age of 60 but this was not an absolute requirement and applications would be considered from persons between the ages of 60 and 65. Under the Constitution of Gibraltar, the Attorney General is responsible for instituting and undertaking criminal proceedings before any court of law in Gibraltar. In exercising this function, he is not under the direction or control of any person or authority. In practice, the Attorney General's chambers conduct all cases in the Supreme Court. The Attorney General is also responsible for advising the Governor, the Gibraltar Government and every Government Department on all questions of civil law. The Attorney advises on EC/EU legislation to which the Government is a On 22 December 1994, the Chief Justice, issued a memorandum to all practising solicitors regarding the exercise by them of the powers of a Commissioner for Oaths conferred by Section 72 of the Solicitors (Amendment) Act 1994. On the November 1994, the provisions of Section 72 thereof came into effect. Section 72 gives to "every solicitor who holds a practising certificate which is in force all the powers enactment of the Solicitors (Amendment) Act 1994 on 4

party whether as plaintiff or defendant. Further, the Attorney General is responsible for drafting all legislation, both primary and secondary, is an ex officio member of the Gibraltar Council and of the Gibraltar House of Assembly. The appointment was to be on a con- tract basis for three years in the first instance and may be renewed for further periods by mutual agreement. The successful candidate was also entitled to fare-paid journeys between Gibraltar and the candidate's point of origin and subsidised accommodation • including hotel accommodation for the officer and his family between their arrival and the time his quarters were ready for occupancy. In addition to i the Attorney General, the office is composed of a law draftsman, senior crown counsel and several crown counsel..

Vacancy for Attorney General Solicitors Eligible

In three months in 1978, there had been three Popes. In just over three weeks in 1994, three Attorneys General served the Government and people of Ireland. Before the appointment of the third Attorney General in 1994, the President of the Dublin Solicitors' Bar Association Mr Michael D Murphy, called for the appointment of a solicitor as Attorney General. Bolstering his argument Mr Murphy stated that many solicitors have office management experience, were involved on a daily basis in drafting complex contracts and agreements together with advisory work of a complex nature. Representing 2,300 solicitors, Mr Murphy also described the fact that solicitors were debarred from applying for posts in the drafting and advisory section of the Attorney General's Office.

Irish solicitors may wish to bear such appointments in mind for the future.

Chief Justice Issues Memorandum on New Form of Jurat

A practising solicitor who is not also a commissioner for oaths SHALL refer to himself/herself in the jurat as "a practising solicitor."

Therefore, the following is the revised adaptable standard form of jurat:-

"Sworn/Declared by [name of deponent] this day of 19 at the City/County of before me a commissioner for oaths/practising solicitor, and I know the deponent/declarant.

in

conferred by any enactment or statutory instrument... on a commissioner for oaths."

A "solicitor who holds a practising certificate that is in force" (hereinafter referred to as 4 a practising solicitor') who is also a commissioner for oaths MAY, continue to refer to himself/herself in the jurat as a "commissioner for oaths".

Commissioner for Oaths/Practising Solicitor"

AG of Gibraltar in ceremonial garb. There is no vacancy at present for an Attorney General in Government

The full text of the memorandum is contained in the 1995 Law Directory.

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