The Gazette 1967/71

Mr. MacBride told the interviewer that he held the Universal Declaration of Human Rights to be the greatest landmark in the history of mankind, more important than the Magna Carta, the American Declaration of Independence, and the French Declaration of the Rights of Man. On the role of the Churches in the field of international rights, Mr MacBride says: "The Vatican should wake up to the fact that its influ ence lies with this public concern for justice rather than through overcautious channels. "It must emphasise a positive stand on the morality of human rights which are flouted in big public issues, rather than appear self-absorbed with questions of sex, birth control and celibacy." The action of Pope Paul in protesting at the death sentences passed on Basque Nationalists in Spain and on Jews in Soviet Russia is to be commended. SOLICITORS MAY SIT AS JUDGES Amendments to the Courts Bill, which would make solicitors eligible for appointment as Re corders and open the door for their eventual appointment as Circuit Judges, were tabled yester day by Lord Hailsham, the Lord Chancellor. He is also seeking broader powers enabling him to give solicitors the right to represent clients in certain cases, before new circuit courts through out the country. Since the Courts Bill was introduced in the House of Lords solicitors have been contesting Lord Hailsham's rejection of a majority recom mendation by Lord Beeching's Royal Commission on Assizes and Quarter Sessions, that solicitors should be eligible for appointment as Circuit Judges in the new system of Crown Courts. They have also campaigned for wider rights of audience in the criminal courts, which they claim are required in the public interest because of a shortage of barristers and pressure of work on the legal profession. The effect of Lord Hailsham's amendment is that solicitors, as well as barristers of 10 years' standing, will be eligible for appointment as part- time Recorders, who will share the less serious criminal work with Circuit Judges.

After five years as a Recorder, a solicitor will be eligible for appointment to the circuit bench. Barristers will not have to wait the extra five years, but when the new system is in operation it is thought unlikely they would be made Judges without several years' experience as Recorders. Under the Bill as it stands, the Lord Chancellor has power to open individual circuit courts to solicitors where a shortage of available barristers is established. His amendment would enable him to give solicitors a general right of audience in certain cases in courts throughout the country. A cautious reaction came yesterday from the Law Society, which represents 22,000 solicitors. A spokesman said they were still "studying" the amendments. But amendments to the Bill by Lord Tangley and Lord Goodman, both solicitors, which will make solicitors eligible on the same terms as bar risters for appointment as Circuit Judges, and give solicitors rights of audience in specific cases, have been reintroduced for the Bill's report stage in the Lords today. (Daily Telegraph, 14 December 1970)

ARTICLES CHANGING THE CONSTITUTION By JOHN TEMPLE LANG SOLICITOR

Since I wrote here last August about a possible new Constitution for the Republic of Ireland, I have found that two ideas are being considered which it would be a serious mistake to adopt. The first is to change the method of amending the Constitution so that it could be amended by a resolution passed by a three-quarters majority of the Dail and Senate together, or even by an ordinary Act of the Oireachtas. The purpose of this change would be to save the trouble, expense and controversy of a national referendum, under which the Irish people are asked to vote for or against a change in the basic law of the State, as they did on the question of proportional repre sentation. If the Constitution could be altered by an 171