The Gazette 1955-58

in matters other than criminal matters, by any person or body of persons duly authorised by law to exercise such functions and powers, not withstanding that such person or such body of persons is not a judge or court appointed or established as such under the constitution." The Court had to decide two questions in this appeal, namely : (i) Was the exercise of the power to strike off the roll, or to older payment of costs, an administration of justice? (ii) If it was an exercise of the administration of justice, was it an exercise of limited functions or powers of a judicial nature within the meaning of Article 37? The Chief Justice as the judge of first instance on the appeal from the orders made by the Committee, held that the Committee in ordering that the appellants' names to be struck off the roll were purporting to exercising judicial power. He also held, that, having regard to the nature and scope of the powers conferred upon the Committee and to the restriction upon their exercise imposed they were powers of a limited nature within Article 37 of the Constitution. An appeal to the Supreme Court was taken by the solicitors against the order of the Chief Justice. The Supreme Court (Lavery, Kingsmill Moore, O Dalaigh, Maguire and Murnaghan, JJ.) held that the exercise of the statutory powers conferred on the Disciplinary Committee was an exercise of the administration of justice of the State. In the view of the Court the decisive test lies in the orders which by section 18 the Committee was authorised to make. The Committee might remove or strike off the roll the name of a solicitor, award costs, and might order the making by the solicitor of restitution or satisfaction to any aggrieved party. The jurisdiction to order restitution or satisfaction did not arise in the case before the Court as an order to that effect had not been made by the Committee. It seemed to the Court that the power to strike off the roll when exercised was an administration of justice, both because the infliction of such a severe penalty on a citizen is a matter which calls for the exercise of the judicial power of the State and because to entrust it to persons other than judges is to interfere with the necessities of the proper ad ministration of justice. The Court quoted with approval a statement by Kennedy, C.J. in Lynam's Case : " Whenever the tribunal is required to decide questions of conduct, whether under existing law or under its own decree, its functions are, to that extent at least, judicial." The Court were also of the opinion that the powers and functions conferred by the Act

on the Committee are of such a far reaching nature that their exercise amounts to an administration of justice. Turning to the question of Article 37 of the Constitution, the Court said that the test as to whether a power is or is not " limited " lies in the effect of the assigned powers when exercised. If the exercise of the assigned powers and functions is calculated ordinarily to affect in the most profound and far- reaching way the lives, liberties, fortunes or reputa tions of those against whom they are exercised they cannot properly be described as " limited ". For this reason the Court were of the opinion that the sections of the Act challenged are not protected by Article 37 of the Constitution and declared the orders made by the Commttee to be invalid. The Solicitors (Ireland) Act 1898 was repealed in a schedule to the Solicitors Act 1954 and there is accordingly no statutory disciplinary jurisdiction in respect of solicitors at the present time. This position is obviously unsatisfactory in the interests of the public and the profession and the Council have made representations to the Department of Justice with a view to having the necessary legislation drafted. SOLICITORS' GOLFING SOCIETY THE Captain's Prize (Mr. J. J. O'Connor, Thurles) will be competed for at the Summer Meeting of the Society which will be held on Saturday 3ist May 1958 at Thurles Golf Club. There are many other trophies and prizes including the Golfing Society's Challenge Cup; the Veterans' Challenge Cup; and the St. Patrick's Plate. A dinner will be held after the Outing. Annual Subscription £i os. od. (now due) payable to John J. O'Dwyer, Hon. Treasurer, 15, D'Olier Street, Dublin. Further enquiries : Gerard M. Doyle, Hon. Sec., 50 Lower O'Connell Street, Dublin. DUBLIN SOLICITORS' BAR ASSOCIATION A MEETING of the Council was held on Wednesday the 5th of March 1958. A letter was read from the Revenue Commissioners agreeing to sale of one shilling postage stamps in the Four Courts Stamp Office. The Meeting was informed that the DubL'r» Corporation's arrangements for lending title deed:; had been extended as far as possible. A Sub-Committee was appointed to interview the Caterers with the object of improving the Restaurant in the Four Courts. Progress was reported on other matters and the next meeting was fixed for Wednesday the and ofApril 1958. 104.