The Gazette 1973

sheet of paper in the office which is assumed to be correct. No check was made to find out if in fact that record was correct before that Affidavit was sworn. It is deplorable to think that in consequence of that false record which should have been traced, and traced quickly, that the Sheriff was about to execute for money not owing. Fortunately, the Sherrif did not seize, but it is very unsatisfactory that such a thing should occur. I directed that the matter be put in the list so that Foster Finance should come here and explain. I have heard the explanation and I hope that in future records of this kind in this firm, or any other firm either, will be more carefully kept, and that all relevant documents will be examined to make sure the money is owing and not paid. I accept the apology that has been offered. I am glad that Mr. McGee, who is not represented, has been apologised to also and that some costs he has paid out have been repaid to him. The Judgement should be set aside and I have no jurisdiction to do so until I am asked to do so by Mr. McGee's solicitor. The memorandum contended that the traditional distinction between academic and professional training had become largely irrelevant as the university courses were today so comprehensive. The memorandum described King's Inns as a relic of Britain's occupation in Ireland and as a means of perpetuation of class distinction. Meanwhile the student could receive an excellent legal education at a uni- versity college for approximately £300 over a similar three-year period. It stated : "We suggest that the Inns of Court established by Henry VI II in 1542 to consoli- date his foothold in Ireland is today an indefensible position of privilege in relation to the training of law- yers and should have its undergraduate functions taken away by the Coalition. How can we have the Just Society without a just legal system?" Referring to the district courts the memorandum suggested that the method of appointing district justices should be reconsidered : district justices should be ap- pointed on a reviewable five-year basis : social, econo- mic and psychological factors should be officially con- sidered in determining the punishment for any crime : the Children's Court must be abolished this year; the age of criminal responsibility should be raised to 14; the charge of loitering with intent to commit felony should be done away with—it was too vague and open to abuse. On prison reforms the students suggested that soli- tary punishment should disappear; dietary punishment should be ended; and there should be the appointment of at least one full-time psychiatrist. The memorandum said that care should be taken that the procedure whereby prisoners were assigned to mental hospitals was not abused; better training and qualifications and working conditions were essential for prison warders; prisoners did not have confidence in visiting committees. The American Commission of Gaols had placed a ijioratorium on the building of prisons for 10 years at least, on the grounds that they were failures. The stu- dents argued that a similar body would give the same advice and reach the same decision in Ireland. 243

The witness—There is no doubt that the firm made an error and we have apologised to the client and to the Court. Mr. Donnelly—Perhaps I may be at fault. Having got a direction to appear there, I thought the proper time was to apologise here in Court. The Judge—I am concerned with the apology to Mr. McCee who has an Execution Order against him for money he didn't owe. Mr. Donnelly—There is also a sincere apology to Mr. McCee for a very regrettable error. Mr. O'Sullivan has with him a cheque payable to the defendant for the amount that was overpaid. There are no costs of the proceedings being sought at all and the man has been refunded what was overpaid. The Judge—Mr. O'Sullivan, acting in good faith makes a sworn statement that this man owes his com- pany £114 and in fact he not only does not owe them, hut in fact they owe him money, or, at least there was an overpayment. The source of that Information is a

Students propose legal changes A delegation from the Law Students Union for Action presented a memorandum to the Minister for Justice, Mr. Cooney, calling for reforms of the district courts, the prison system and legal education, and the establishment of a free legal aid system.

The delegation met the Minister for over an hour and later issued a statement in which they said that they felt that Mr. Cooney was in agreement with most points in the memorandum. The Minister had intim- ated that the discussions would be more helpful if they undertook not to communicate to the press what was said at the meeting, excepting the memorandum. The delegation agreed to this request. The students proposed the establishment of one law school in Dublin, or at least the bringing into line of the legal courses in Trinity College, U.C.D. and U.G.C. so that they had the same content. Students wishing to become lawyers would have to first obtain a four-year Bachelor of Law degree from one of these institutions. The professional bodies would fulfil no education role during this period. When a student obtained a degree he would then decide whether to train to be a trial lawyer or an office lawyer or he might go into business or the Civil Service, or fol- low an academic career. In the former two cases it was incumbent on the professions to provide new machinery to allow graduates to train with established lawyers while being paid. After a year of such training the student ceuld register as a practising lawyer. The memorandum pointed out that, in return for about £550 paid to the King's Inns, the student ob- tained 48 compulsory dinners complete with snuff and frock-coated servants; 120 40-minute lectures; the opportunity to sit examinations in 12 subjects, nine of which were examined in the university courses in papers of at least as high a standard; 12 Irish language lectures; the use of a library in which one never saw more than half a dozen students; membership of the debating society, and a call to the bar on successful completion of examinations.