The Gazette 1967/71

as birth control, was suggested by Senator John Kelly (Fine Gael), in Dublin, last night. The Senator, who is professor with the Law School in University College, Dublin, said that there were very strong arguments of a secular kind against full divorce legislation, quite inde pendent of one's religious preconceptions. He was addressing the Irish Association for Cultural, Economic and Social Relations in the Shelbourne Hotel, on the subject "The Way Ahead for North and South." He said, according to a supplied script, that except for Article 3 of our Constitution, he did not think any part of our law was of much interest north of the Border. It would in any case, in a federal arrangement, not apply there. "On the one hand," he went on, "we have a minority within our own borders, and, if they are in fact being unfairly treated by this State, they are entitled to have this set right unconditionally, and not have to wait for incidental crumbs to fall from the table of a North/South settlement. So that, even though our local laws are not of primary interest in the North, the North may well judge us on how we behave towards those who do not share the majority faith. "This, to me," said Senator Kelly, "would powerfully suggest the value of a State commission on the civil law of marriage and related areas such as that of birth control. In such a commission, there would be neither the necessity nor the possi bility of the various interests thundering at one another. These interests might discover that their combined goodwill could free them from the present bleak polarities of divorce — no divorce, or contraception — no contraception. In the mat ter of divorce, for instance, they might find that a modernised law of annulment, on wider grounds of defective consent than are recognised at present, would go a long way to help many people who now feel trapped; without going to the lengths of a full divorce jurisdiction, against which, in my opinion, there are very strong arguments of a secular kind quite independent of one's religious preconceptions. "In a State commission of this kind, the interest of the Catholic majority would, perfectly naturally, have to be strongly represented. This does not mean that, in drafting a change in the civil law, 244

The Minister's speech was in contrast to one made on November 5th last by the Minister for Justice at the annual dinner of the then Irish Auctioneers' and Estate Agents' Association (now the Institute). The Minister, Mr. O'Malley, said then that the Government was considering moves to reduce the present fees structure in response to strong public clamour and warned that estate agents would have to "put their own house in order" and take a closer look at the fees structure. At the time, his speech was widely interpreted within the trade as being an indirect warning that the Government intended to cut fees. At the moment, the fees for public auction in Dublin and the rest of the country are 5% and for private sales, 5% in the country and 2-\% within the Dublin Metropolitan area. Mr. Brennan said yesterday: "Last year my colleague, Mr. O'Malley, made reference to the level of fees charged by auctioneers. Naturally his remarks were not welcomed by everyone in the profession, but 1 am sure that they have not gone unheeded. "Professional fees, and here I am referring not only to auctioneers' fees — can be regarded as fair if they are of a level which permits of the giving of the best possible service to the public while at the same time providing a reasonable level of reward, having regard to the degree of re sponsibility, expertise, education and training re quired to provide the service and also to the general level of remuneration in other sectors of the community. "If auctioneers can show that their fees, having regard to these guidelines, are reasonable, the profession need have no fear of criticism. I would urge you as a profession to continue in your efforts to improve your efficiency and your com petitiveness." Mr. Brennan is himself an associate member of the I.A.V.I. and said afterwards that his view was 'a private one'. (The Irish Times, 19th February, 1971.) COMMISSION ON LAW OF MARRIAGE MOOTED The establishment of a State Commission on the civil law of marriage and related areas, such