The Gazette 1967/71

cal card-holders and other necessitous persons; and if he will make a statement on the matter. Mr. S. Flanagan : In regard to criminal prose– cutions, the Criminal Justice (Legal Aid) Act, 1962, and the Criminal Justice (Legal Aid) Regu– lations, 1965, provide for the payment by the State of fees and expenses of medical practitioners who give professional evidence at the hearing of a case in relation to which a certificate for free legal aid has been granted. The expenses of obtaining medical and technical reports for the defence in such a case are also payable. In regard to civil actions, I should explain that health authorities are under statutory obligation to provide various hospital, medical and other health services. This is the limit of their obliga– tions to individuals and I see no reason why medical expenses rather than any other type of expenses should be singled out for special atten– tion in asking health authorities to bear them. Mr. Ryan : The Minister knows how beneficial it can be to the restoration of physical health to have a legal claim settled. Having regard to the growing practice of the medical profession to refuse to furnish medical reports or attend courts on credit, and their insistence on the payment of fees in advance, would the Minister not consider health authorities advancing these fees in necessi– tous cases just as they pay home assistance pend– ing the settlement of civil claims? The problem is growing? Mr. S. Flanagan : I would certainly consider advancing the fees. I think that is a good sugges- ion. I am also fully aware of the fact that what these men charge is not in line with what the taxing master is willing to give. MAYO SOLICITORS BAR ASSOCIATION At the annual general meeting of the Association held in Castlebar on 17th April 1967 the following officers were elected for the coming year : Presi– dent, Mr. Lorcan Gill, Westoirt; Vice-President, Mr. F. Conway; Treasurer, Miss B. Hynes, Castlebar; Hon. Secretary, Mr. Joseph Gilmartin, Castlebar. The Association at their meeting decided to hold a dinner with Mr. Michael James O'Hara as guest to mark his appointment as District Justice in Cork. HOLDING OF DEPOSITS As a result of a meeting with the Auctioneers Association the Society have agreed to recommend

that where members hold deposits in the case of sale by public auction they should take all reason– able steps to see that the auctioneer's advertising expenses are paid from the deposit. THE COMMON MARKET AND COMMON LAW The Common Market and Common Law — being Legal Aspects of Foreign Investment and Economic Integration in the European Com– munity, with Ireland as a prototype. By John Temple Lang. Large 8vo, pp. xxxvm +573. Chicago, University of Chicago Press, 1966. £4-10-0. The author of this book is a well-known 'Irish solicitor who undertook this special study under the auspices of the American Bar Foundation of Chicago. The work is the fruit of several years of intense research and Mr. Temple Lang must be congratulated for the deep scholarship and learn– ing which are so evident from a cursory perusal of this magnum opus. It would not be possible in a short review to do justice to the many interesting problems raised, and one must needs confine one– self to the fundamental parts. The work is divided into four main parts : Part I which is the most interesting for lawyers, describes the institutions of the Com– munity, with special references to the changes necessitated by the accession of a new member, as well as the constitutional and other basic legal questions which arise out of the State's new rela– tionship with the Community institutions; this is the immediate vital Irish task forcing us particu– larly as General de Gaulle is determined to pro– tract the negotiations indefinitely. What is not often realised is that the Treaty of Rome, to which new members must subscribe is in fact a Constitution for a future political United States of Europe. It is gratifying that the formerly revered principle of Stare Deusis has now been buried in Ireland as well as in England, and thus decisions of the Community Court, which conflict with decisions of National Courts, will be more easily enforceable. The Community Court must at all times decide whether the act complained of is illegal under Community law, and not under National law, and this decision is absolutely bind– ing on members. One must agree that Article 177, which compels National Courts to refer questions of interpretation of the Treaty of Rome to the Court of the Community, will assume great im– portance in the future. Space does not permit discussion of constitutional amendments in Ire- 19