The Gazette 1973

Mr. Cooney: All I can say is that the committee are aware of the urgency of the matter, and I would rely on their discretion and wisdom to decide whether an interim report is necessary. I have no doubt that, if they find themselves being delayed and that there would be an advantage in an interim report, they would issue it, but I shall have to rely on their discretion. Mr. Haughey: Could I ask the Minister are there any of these Committee's reports in his Department not yet acted upon or implemented? Mr. Cooney: Regrettably the majority of the reports furnished by this committee have not been imple- mented. Mr. Haughey: Would the Minister give us any indica- tion as to his programme of action in regard to these COUNCIL OF EUROPE FELLOWSHIPS FOR STUDIES AND RESEARCH IN EUROPEAN LAW Candidates, who must normally be citizens of one of the Member States of the Council of Europe, may apply for Fellowships for the purpose of studying one of the following : (1) A Legal subject relating to a comparative study of one of the Member States with one another. (2) The Law governing the institution and unctions of the Council of Europe, or European Com- munities. (3) The Law contained in the Conventions of the Council of Europe. Only Governments may propose candidates, but the Irish Government has delegated this duty to the Secre- tariat of the Council of Europe in Strasbourg. The Secretariat will appoint a Selection Committee of 3 members for 3 years to review the qualifications of candidates: The completed Applications for scholar- ships must reach the Secretariat in Strasbourg at latest A mixed reception from judges, lawyers and the police is likely for the Law Commissioner's outline proposals earlier this week to limit severely the scope of the conspiracy law. Many barristers and solicitors are known to share the Commission's concern about the present trend in the courts which has been to extend the limits of conspiracy with the effect that conspiracy charges may be used to secure a conviction when the charge of a specific offence may fail. But new offences may have to be created to fill gaps in the criminal law which a narrower definition of con- spiracy may leave. The commission's proposals that conspiracy should be limited to cases of conspiracy to commit a crime would mean upsetting the recent House of Lords ruling that conspiracy to commit trespass is a crime even

reports and, secondly, in regard to the examination which he is now going to ask them to make into the question of family law? Does he anticipate that the committee will be prepared to receive representations from various organisations who have shown an interest in this matter? Mr. Cooney: In regard to the first part of the Deputy's supplementary, it would not be feasible for me at this stage to indicate what action will be taken in regard to what I might call unfulfilled reports. They range over a very wide field of court procedure and practice. There are many technical questions of con- siderable complication, and I could not, in reply to a supplementary question, indicate a programme of action in that area. It is not proposed that this com- mittee would invite submissions in the field in which they are now carrying out their examination. by 1 February 1974, and Fellowships shall be awarded by the Secretary-General in accordance with the deci- sions of the Selection Committee, who may also list "reserve candidates" to receive Fellowships in the event of refusal. The Selection Committee shall propose the duration of the fellowship, normally a minimum of six months, and a maximum of twelve months. The allow- ances determined by the Secretary-General work out normally at 5,000 French francs (£490) for six months and 6,000 French francs (£588) for eight months. Fellows shall submit to the Secretary-General at a stipulated time a study written on their chosen research subject in one of the official languages. Two typewritten copies of about 15,000 words must be submitted. Fel- lows shall not engage the responsibility of the Council of Europe in any of their work, but shall work strictly as individuals; if any breach of this rule is committed, the Fellowship will be immediately withdrawn.

If the material for study is subsequently published, mention shall be made of the aid given by the Council of Europe, who reserves the right to publish it if it is not otherwise published, but the copyright shall remain exclusively in the author. Mixed views oiiplan to curb Conspiracy Law

though simple trespass in itself is only a civil wrong. The effect of this House of Lords case where the main judgment was given by Lord Hailsham, the Lord Chancellor, is that demonstrators and squatters who occupy public or private buildings could be convicted of conspiracy for which the maximum fine and jail term is unlimited. The commission has been studying the scope of the conspiracy law for about two years as part of its general examination of the criminal law with a view to its reform and restatement in code form. The implications of Lord Hailsham's ruling have not yet been considered by the commission because its working paper had already been prepared and sent to the printers before the judgment was given. The Daily Telegraph (26 July 1973) 253