The Gazette 1972

EDITORIAL Younger Report In view of the unwarranted intrusions of the State into the affairs of private citizens, it is not surprising that the Younger Report has issued a strong condemnation of some of the prevalent practices which are so often used unlawfully and without justification against innocent persons. It is obvious that the average citizen requires protection against no less than 20 named spying deviccs involving bugging and snooping as well as against information illegally acquired. Banks are too

prone to disclose their customers' financial standing to snoopers who have no right to this information. It should be a grievous offence punishable by a high fine for any credit rating agency to inquire of any outside agencies as to the financial standing of their proposed customers. Bad as the position may be in England, it is likely to be much worse here, as the average citizcn is not aware of his constitutional rights.

Solicitors' Remuneration During the past twelve months the Society has been actively concerned with the question of solicitors' re- muneration having regard to the steep and progressive rise in the cost of living. An application was made to the various committees for an increase of 42% in solicitors' charges which corresponded with the increase and the date of the application. An order was made hy the Statutory Body under the Solicitors' Remuneration Act 1881 granting the increase and this order was laid before the Oireachtas. It was however annulled in Seanad Eireann on a motion brought by the Minister for Justicc on the ground that an increase of 42%, could not be justified under present social and economic conditions. This viewpoint while no doubt politically correct failed to take account of the fact that no increase had been sought or obtained by the profession since 1964 whereas employees, public servants and officials in the employment of local authorities and semi-State bodies had all received substantial increases during that period. Furthermore many of the increases obtained in file public service and elsewhere are retrospective while solicitors' costs when increased take effect only from the date of operation of the revelant order. New Rules

on the solicitors' scales of costs in the Circuit Court including the costs of the increased jurisdiction. The question of Counsels' fees however has not been agreed between the Minister and publication of the rules has been held up. The Council has made urgent representa- tions to the Minister that the scale of solicitors' costs should be brought into operation not later than 1st September 1972 and that any outstanding questions regarding Counsels' fees should be dealt with by separate regulations. Limit of Legal Remedies It is a cause of dissatisfaction and inconvenience to the public and the profession that publication of these scales should Ire delayed. In many cases proceedings have been held up because there is no proper scale of costs. There will be general agreement that this is a denial of justice for litigants. The long period of gesta- tion of the new scales of costs is an added argument for the establishment of a Central Costs Committee dealing with the whole range of solicitors' remunera- tion to which the Society should have immediate access to cope with changing conditions. The Council have strongly pressed for this both with the Minister for Industry and Commerce and the Minister for Justice in connection with the Prices (Amendment) Bill 1971 which has passed all stages in Dail Eireann and is expected to come into operation in the near future. A Central Costs Committee manned by experts with representation would deal far more expeditiously and efficiently with questions conccrning solicitors' re- muneration than the half a dozen committees which have to consider such questions at the present time. It has however been the view of the Council that the Society should have direct access to the Committee not rnerelv to the Minister. It seems only elementary justice tliat the professions like the civil service and employees in the local Government service and semi-State bodies should have a forum to which legitimate applications dealing with remuneration could be submitted directly from time to time and without the interminable delays which attend at the present procedure. It is on record that it took from four to seven years within reccnt times to ttave applications for increases in remuneration dealt with try the Department of Justice. >88

Following the rejection of the Solicitors' Remunera- tion General Order 1971 the Statutory Body at the request of the Council made a new order providing for an increase of approximately 20% on the present item cliarges. This order has now been before the Oireachtas for the statutory period and takes effect from 17th May 1972. Copies are, or shortly will be, on sale at file Government Publications Sales Office. The Land Registration Rules Committee with the approval of the Minister has made or is about to make new rules increasing the scale charges of voluntary transfers in part 4 of the schedule of costs to the Land Registration Rules 1966 by 30%,. New scales of costs have also been agreed for the Circuit Court and the District Court including the scales of costs for the increascJ jurisdiction. The District Court (Costs) Rules 1972 have been submitted to the Minister for his concurrence and are exacted to come into operation on If* Septemlier 1972. Agreement has also been reached between the Minister and the Rules Committee