The Gazette 1967/71

further connection with the union. Mr. McAuliffe has informed the Society that he signed a form which was presented to him by Mr. O'Maoileoin for the purpose of registering the union on in formation that two members of the Council, Messrs. Ralph J. Walker and John Maher and the Secretary of the Society, Mr. Eric A. Plunkett and Mr. Joseph Finnegan, Assistant Secretary were aware of the formation of the union. Mr. Kelly states that he signed an application on the understanding that the union had been approved by the Secretary of the Society. Messrs. Walker and Maher state that they were never consulted and never expressed any views on the proposal. In the course of conversations during professional business transactions the matter was casually mentioned by Mr. O'Maoileoin but they neither expressed any views nor authorised the use of their names in connection with the matter. The Secretary and Assistant Secretary of the Society state that they received no communication or in formation about the proposed union prior to the press announcements. By direction of the Council a letter was sent to Mr. O'Maoileoin requesting his comments. This letter with Mr. O'Maoileoin's reply is printed below. There is, of course, no legal obstacle which would prevent a solicitor from joining any lawful association. The only question is the manner in which the association is proposed and the wisdom of an association of this character in the interests of members of the profession and their clients. The Society is the representative body of the pro fession and it has been active in promoting the interests of members and their clients. It holds an exception order under the Trade Union Act, 1941 ivhich entitles it to carry on negotiations for the fixing of salaries and this power is used as necessary on behalf of members. The Council are fully conscious of the functions of trade unions in the community but they are not aware of any demand for a separate trade union for solicitors nor do they think it would serve any useful pur pose having regard to the powers and functions of the Society under its charters. Letter dated 10 April, 1970 from the Society to Mr. Michael B. O'Maoileoin, Secretary of the proposed union. Dear Sir, I enclose herewith copy of a letter dated April 7th received by the Society from Mr. Donal T. McAuliffe who was named on the circular issued over the names of Mr. Thomas K. Smith and yourself announcing the formation of a solicitors' union. In the second paragraph of this letter it is stated that you informed Mr. McAuliffe that both Mr. Finnegan,

Assistant Secretary of the Society and myself were aware of the proposal and that we had no objection. It is also stated in the letter that two members of the Council, Mr. Ralph J. Walker and Mr. John Maher, were aware of the formation of the union. Mr. Walker has informed me that he had no information about this union prior to the newspaper announcement on Easter Sunday. Mr. Maher has written to the Society to the same effect. Neither Mr. Finnegan nor the writer had any communica tion or information about the matter with you or any one else. I am directed to ask you for your comments on the enclosed copy letter and the reason for the use of names of members of the Council and officials of the Society, as alleged in connection with the proposal for the formation of the trade union. It was stated in some press announcements which were presumably based on information supplied by you that a nationwide survey of the profession had been taken and that 73 per cent were in favour of forming a union. Enquiries have failed to discover any survey of the profession and I am directed to ask you for information as to the basis of this statement. Yours faithfully, ERIC A. PLUNKETT, Secretary Letter M. B. O'Maoileoin to the Society dated 14th April. Dear Sir, This will acknowledge receipt of your letter dated 10th April 1970 enclosing copy of Mr. McAuliffe's letter to you. I have also received a letter from Mr. Michael Kelly and I understand that he has also been in communication with you. I propose dealing with the statements which I am alleged to have made to Mr. McAuliffe and Mr. Kelly in regard to yourself, Mr. Finnegan, Mr. R. Walker and Mr. John Maher. All the matters raised by Mr. McAuliffe and Mr. Kelly in relation to their being named as Trustees of the Union are internal Union matters which should be dealt with by these two gentle men directly with the Union. I emphatically deny that I at any time stated that either your good self or Mr. Finnegan were in favour of the union. I admit to having stated that both Mr. Walker and Mr. John Maher were aware of the move to form a union. Approximately three months ago Mr. John Maher telephoned me in relation to a return of my income, which had been requested by your Society for the assimilation of information for the Fair Trade Com mission. In the course of that telephone conversation I advised Mr. Maher that the possibility of forming a Trade Union for Solicitors was being explored. He did not express any views on the matter. In or about the 6th day of March 1970 I attended the office of Messrs. Hayes & Sons, Solicitors, St. Stephen's Green, Dublin by appointment with Mr. Ralph Walker for the purpose of having a property contract settled. After dealing with our legal business, I had a con versation on the formation of a Solicitors' Trade Union with Mr. Walker and advised him that the draft rules were with the printers. He didn't express any opinion about the Union apart from expressing a desire to be furnished with a copy of the rules when available. Mr. Robert E. Blakeney was present during this conversation. Yours faithfully, MICHAEL B. O'MAOILEOIN 129