The Gazette 1972

N.L Solicitors call for Strict Rules to Protect Detainees A statement was issued recently in Belfast following a nieeting by about 400 solicitors, members of the Incorporated Law Society of Northern Ireland, in Belfast. of the society must be involved expresses concern at the harmful effect of the enforcement of the Act, welcomes the information given by the Permanent Secretary in his said letter, and calls on those responsible for its enforcement to ensure that during such time as the Act remains in operation—

The meeting was specially requisitioned in the King George VI Hall, May Street, by a number of solicitors who wished to have a full discussion on the Special Powers Act and the effect of its operation in regard to members of the legal profession. Members were also concerned in regard to arrests a nd interrogation of children and young people and there are reported to have been complaints of obstruc- tion of members of the legal profession in attempting to carry out their professional duties. The statement issued after the meeting, which went °n all afternoon is as follows— "At a special general meeting of the Incorporated Law Society of Northern Ireland, held this afternoon, February 10th, 1972, the members present, while recog- nising the difficulties facing the security forces, passed l he following resolution :— "This meeting, having received reports from members m the society as to the operation of the Civil Authorities (Special Powers) Act (Northern Ireland), 1922, and while acknowledging that some lawyers are of the opinion that, in exceptional circumstances, legislation °f such nature may be necessary : (0 Expresses its dissatisfaction with the treatment vffiich has been accorded to solicitors in the exercise °f their professional duties while representing persons ar rested, with the interference with such solicitors, by members of the security forces, and the disregard by such members of the privileges attaching to communi- cations between solicitor and client, and acknowledges he assurances given by the Permanent Secretary of the Ministry of Home Affairs in his letter of February 10th, y ' 2 , in relation to such matters. (2) Recognising th^t the operation of the Act is a matter of law administration with which the members

(a) The procedures for arrest under the Act are clearly defined for the information of the public and those members of the security forces entrusted with the exercise of such powers. (b) The fact of arrest is made known forthwith to the next-of-kin and to the solicitor of a person arrested and that the solicitor appointed by the family of that person immediately, upon request, should, without delay, have access to a person arrested. (c) The procedure for submission of applications to the Advisory Committee is made known to the legal profession, the officials concerned with the administra- tion of the Act, and those who are detained or interned. (d) Procedures under the Act are reconsidered and amended to provide that detailed allegations against a person arrested are made known to him and his solicitor and that appeals to the Advisory Committee are heard with expedition, with the right to full legal representa- tion on such appeals; the case of each internee is re- viewed automatically at specified intervals not exceed- ing six months; proper and defined machinery is estab- lished to enable complaints of ill treatment to be sub- mitted and, when established, to be effectively remedied there is proper provision for continuous medical super- vision and the keeping of medical records; rules are formulated relating to the treatment of detainees and internees containing reasonable provisions for the avoid- ance of hardship.

(e) That proper protection be afforded to children and young persons subjected to interrogation, and that, if necessary, legislation be enacted to ensure such protection." (Irish Times, 11 February, 1972) Some Problems of Irish Solicitors in Dealing with Foreign Law Max W. Abrahamson Th n e effect of entry into the Common Market on the ^ork of I r i s h lawyers has been the subject of learned

share with them an understanding beyond that usually possessed by the layman of the importance of clear- headed analysis of facts and marshalling of arguments. They may also find surprising the extent to which the Common Law and continental codes have fundamental principles in common and reach the same result on legal problems, although often by a quite different route. Similarity of foreign law a trap Unfortunately there lies a trap. Ninety-nine per cent 41

iscussion. These jottings on practical problems of v ising on disputes with a foreign element may be ot som e interest. R is reassuring to find that lawyers in many countries a Ppear to have in common not merely vices, as has een well recognised through the ages, but also virtues. . ris h lawyers will generally find that, despite differences °utlook and approach, their continental colleagues