The Gazette 1972

our society into a pluralist one, there were too many groups on both sides who did not want any change. Mr. John Temple Lang said that it was unnecessary to turn the country into a theocratic banana republic, and that a statesmanlike gesture to the Unionists was essen- tial. It will be necessaryt o emphasise that in future Ireland must be a non-denominational State. It was also necessary to rid ourselves of laws that are deemed sectarian, as for instance in matters of health and of education. It was a catastrophic blunder of the Govern- ment to reject Dr. Browne's Bill liberalising the sale under medical prescription of birth-control pills. It was a real problem for Irish Protestants to obtain facilities permitted to them, but this should be resolved in a Federal Constitution. There would be no more effective presture to the Unionists than that a referendum should be held on the suppression of the so-called "sectarian" clauses". The President, Mr. O'Donovan, having thanked the speakers for an interesting and stimulating debate, then closed the meeting.

approached by Gardai, there was a brief scuffle and a number of them were removed from the hall. Mr. Justice Kenny drew attention to the fact that the British and French traditions had clashed in Canada, and that the solution had been a liberal one; it was to be hoped that the problem of Northern Ireland could be resolved in the same way. He disagreed with the Auditor that a constant revision of the Constitution was neces- sary; the 1922 Constitution had been too often amended. Dr. Garrett Fitzgerald, T.D., said that the Judiciary was a powerful protection against the Executive, and that it would not be possible to define all human rights m the Constitution. It was unnecessary to make fre- quent revisions of the Constitution. The O'Callaghan decision on bail had shown that it was difficult to achieve a balance in the law. In order to achieve a useful measure of federation in the North it would be necessarv to grant much more devolution there, to satisfy the majoritv. There was no realisation as yet in Ireland, North or South, that it was essential to change

Society's Standard Conditions on Sale and Requisitions on Title Members raised a query on requisition. No. 50 in the Society's standard form which is as follows :

"If, in answer to Requisition 50, it appears that either no Planning Permission was obtained, or there is a Condition attached to the Permission which has not been complied with, the Purchaser has his remedy. "In the first case the Vendor has not shown a good title to the property, as the house can be ordered to be pulled down, and the Purchaser is entitled at law to rescind, if Permission is not obtained. "In the second case, if the existence of the Condition was not disclosed to the Purchaser or his Solicitor before the Contract was signed, the Purchaser is en- titled, if Vendor does not comply with it, to rescind the sale under Condition 16(c) of the Society's Con- ditions of Sale. "If the Purchaser, before he signs, knows either that no Permission has been obtained, or that there is a Condition which remains uncomplied with, it is up to him or his Solicitor to insert the appropriate Special Condition for his protection. "As to the taking over of roads, etc. the Purchaser can quite easily make the necessary inquiries himself, and in many cases it will be quite obvious that they have not been taken over. No Vendor could safely take on the obligation of compelling the Local Authority to take over the roads. "It must be remembered that, primarily, Conditions of Sale are for the protection of the Vendor, not of the Purchaser." 73

Has there been in relation to the property any development within the meaning of the Local Government (Planning and Development) . Act 1963 on or after 1st October 1964? If so, produce the permission necessary under the Act and confirm that all the terms thereof and the conditions attached thereto have been properly and fully com- plied with. Members acted for a purchaser using the Society's standard form of contract and requisitions. The reply to requisition 50 was "herewith photocopy grant of planning permission". The planning permission revealed tour conditions and members wrote to the County Council seeking confirmation that they had been com- plied with. The County Council replied that the builder and first owner of the property had not com- plied with one of the conditions. When members took the matter up with the solicitors for the vendors they received the following reply : "When our client sold his property the contract for sale was not conditional on compliance with conditions set out in the Planning approval". The matter was submitted for his opinion to learned Counsel who drafted the Society's standard forms and the following is a copy of his comment.