The Gazette 1964/67

tions dealing with planning appeals (S.I. No. 216 of 1964) the memorandum contains statements which, in the opinion of the Council, are seriously prejudicial to the legal profession. The Council are obliged to take exception to the general impression sought to be given by the memorandum and in particular to the following paragraph: There is no obligation on any party to an appeal to be represented by counsel or solicitor. Any party may appear in person or, if he wishes, be represented by any other person e.g. a relative or a technical or professional adviser. The inspector will afford any assistance required by a party appearing on his own behalf. The planning authority will have such officials in attendance as may be required to deal with issues likely to arise. The whole emphasis and tenor of this paragraph is tendentious. When a statement of this kind is issued under the name of the Minister, who decides the appeal, it can only be understood by the public as the expression of a wish by the deciding authority that the parties should not be legally represented. The Council note the distinction drawn between appear ance by counsel or solicitor, which is discouraged, and representation by "a technical or professional adviser", which is apparently unobjectionable. The Council are at a loss to understand why a distinction should be made between different professions or why the Minister should think it appropriate to give advice of this kind. The public are well aware of their rights and the issue of this memorandum had only one purpose viz., to influence parties against the legal profession when choosing their professional advisers and representatives. Apart from purely technical issues involved in planning appeals, it is important for an appellant that his case should be properly presented and argued. An engineer, architect, or other professional technical adviser is not normally the best qualified advocate. The inspector conducting the appeal cannot represent any of the parties. The impression sought to be given by the circular that the interests of all parties will be adequately safeguarded by the inspector and officials of the planning authority is contrary to the basic principle that the inspector is acting in a judicial capacity to consider the arguments of all parties and to give an objective decision. Legal advice and representation need not detract from procedural informality. The same informality is achieved at arbitrations where the parties are legally represented. The fact that a planning appeal is divested of the trappings of a Court does not mean that the interests of the parties at the inquiry are the same.

their advice following his suspension from duty as an employee of the Department on the ground of alleged indiscipline. Members forwarded copies of correspondence to the Department from which it appeared that the policy of the Department is to refuse to consider representations or to supply information to solicitors acting for employees of the Department. In the case in question members had unsuccessfully applied for copies of the relevant regulations. They were informed that they would be supplied only to the client direct. The Council decided that representations be made to the Depart ment. London agency allowance The solicitors, London Agents' Association wrote to the Society concerning the question of the agency allowance expected from London agents by solicitors practising in the Republic. The point raised by the Association concerns the amount solicitors in Ireland require as agency allowance. It would appear that criticism is made of the allowance if less than 33!-% is given by the London Agent. This Association carried out a survey to ascertain the allowances granted by London Agents to the profession and clients practising in England. The survey showed that the average allowance granted by the members of the Association was approximately 13%. A significant number of leading agency firms gave little or no agency allowance which should mean that the average allowance received by the pro fessional client in the country would be considerably less than 33^%. It was stated that the Association do not recommend a particular allowance as a condition of membership but it states that it reflects the opinion of a number of London agents namely that agency is something of an anachronism which in the course of the next five or ten years will probably disappear. The Secretary of the Association sought the views of this Society so that when individual members of the Association are negotiating with solicitors in Ireland they will be aware of the attitude of the Law Society here. The matter was referred to a Committee. TOWN PLANNING APPEALS The following is the text of a letter of zand October, 1965, addressed by the Society to the Department of Local Government in connection with the above. Dear Sir, The attention of the Council has been drawn to the memorandum on the procedure at oral hearings of planning appeals issued by the Department in July 96 5. After referring to the provisions in the Regula­