The Gazette 1971

consent to sub-division is the responsibility of the ven- dor or the purchaser. The Council stated that the ven- dor required the Land Commission's consent to en- able him to complete the transaction and such consent is accordingly part of his title. In these circumstances the expense incurred in obtaining a map and having the same marked is the responsibility of the vendor.

MARKING OF MAP FOR SUB-DIVISION APPLICATION A member wrote to the Society and enquired whether the architects fee for having a map marked for the pur- pose of the application to the Land Commission for

Courts BUI, 1971 The Courts Bill which was introduced in Seanad Eireann and has received a second reading contains a number of revisions some of historic as well as practical importance. For the first time solicitors are to be given a right of audience in all the Courts from the Supreme Court to the District Court. Solicitors had a right of audience in the old County Courts prior to the Treaty and they continued to have this right under the Circuit Courts established in 1924. In general the right of audience in the Circuit Court has not been widely used, partly it has been suggested due to the reluctance of some Circuit judges in the past to hear solicitors as advocates—although it must be said that this attitude has not been general. There may be other practical reasons such as the difficulty of attending to Court busi- ness and office business in a busy practice and the normal division of function which exists between office, lawyer and the advocate. It will be recalled that a pro- vision giving a solicitor a right of audience in the High Court on appeals from the Circuit Court was in- cluded in one of the Courts of Justice Bills in the 1950s. When the Bill was introduced in Dail Eireann the Ceann Gomhairle ruled that the particular provision was not in accordance with the preamble and it was ruled out of order and therefore never discussed. Now for the first time the matter comes fairly and squarely before the Oireachtas. The Bench When the bill becomes law the only remaining differ- ences between the two branches of the profession will be their separate methods of education and also the fact that members of the Bar alone are eligible for appointment as judges of the Superior Courts and the Circuit Court. The Bar and the solicitors' profession share the right of appointment to the District Court Bench. It may well be asked whether in the new cir- cumstances of the case there is any valid ground for this distinction. The sole test of any system is public advantage. The preservation of a strong and independ- ent profession of advocate is essential for the protec- tion of civil rights. Both the Bar and the solicitors' pro- fession have served the public well in this respect in the past. Under a separate or a dual system advocacy will no doubt continue to be a speciality and the divis- ion of function wll continue when the division of status has disappeared.

E.E.C. Courts. The Treaty of Rome in conferring the right of audience uses the French term avocat. There has been some confusion as to the interpretation of this term in regard to a divided profession. If solicitors have a right of audience in all Courts there can be little doubt that then the solicitor must be regarded as an avocat for all purposes including the European Courts. The Bill also makes provision for service of Superior Court documents by registered post. This is a welcome innovation which has been proposed by the Society for many years. It is regretted that the same provision is not extended to all the Courts and that the existing pro- visions with regard to a manual delivery of documents in civil proceedings will continue to apply in the Cir- cuit and District Courts except in cases in which no summons servers have been assigned. There seems to be little reason why there should not be a uniform pro- cedure with provision for services by ordinary post or any other method authorised by rules in appropriate cases. Experience has shown that service by registered post may facilitate evasion by the debtor who is alerted to the fact that a registered envelope may contain a sum- mons directing him to appear in Court to answer the claim of a creditor, but this difficulty could be avoided by suitable provisions in Rules of Court for alternative methods of service appropriate to the circumstances. Delayed Justice The profession has long advocated the necessity of appointing a sufficient number of judges to prevent a back log of unheard cases in civil matters. Criminal work takes up so great a part of the calendar that civil work in the Circuit and District Courts, particul- arly in Dublin, tends to get into arrear. Extended juris- diction will highlight the necessity of appointing additional judges notwithstanding the remarks of Senator Fitzgerald in the Senate on the possibility of extending the judicial working day. The extended juris- diction will require additional court rooms and addi- tional judges particularly in Dublin. The opportunity should now be taken of introducing a procedure for fixed dates for the trial of civil actions. It has been repeatedly urged that the expenditure on judicial salaries which would facilitate the adoption of this beneficial reform would be more than compensated by the avoidance of loss to the community through delay and unnecessary waiting time of the parties, their wit- nesses and lawyers. It is difficult to convince the Department of Finance that any direct expenditure on the legal administration will be compensated by unseen savings but surely it must be apparent that the loss caused to the community by an outmoded and creak- 113

The EEC One interesting effect of the new proposal will be its effect on the status of solicitors and counsel in the