The Gazette 1973

The Council on report to the Committee stated that it was undesirable but not improper that a solicitor should give evidence in such a case. Insurance brokers negotiating settlements Members from Cork refer to the action of a local firm of insurance brokers who act for an insurance company negotiating knock for knock claims between vehicles and thought that the practice was objectionable. The matter was referred to the Southern Law Associa- tion. Land Act 1965 and removal of restrictions following accession to the EEC Attention has been drawn in the February issue of the Society's Gazette to the Land Act 1965 (Additional categories of qualified persons) Regulations 1972 (S.I. No. 332 of 1972). The effect of this order is to exclude from the provisions of Section 45 of the Land Act 1965 all those who benefit as a result of the European Com- munity directives mentioned in the schedule. The direc- tives are incorporated by reference without further information or specification. It was decided to bring to the attention of the appropriate authorities the incon- venience and difficulties caused by this method of legis- lation by reference and that statutory instruments giving effect to this and other EEC directives should do so in express and explicit terms which will clearly indicate the effect of the legislation. 8th MARCH 1973 The President in the chair. Catalogue of Library and EEC Publications This matter was referred to the Finance Committee. Seanad election Senator John J. Nash was unanimously proposed by the Society for nomination to the Cultural and Educa- tional Panel for the- forthcoming Seanad Election. Blackhall Place It was reported that the Evie Hone Window at Black- hall Place had been purchased for the Society. Building society's letter A building society issued a letter containing the following statement: "If you have not got a solicitor we suggest that you will find it beneficial to use the society's solicitor. Please return the acceptance offer signed and leave the solicitor's name and address blank." It was decided that this letter was open to serious objection and that the building society be so informed. Building societies' solicitors' charges Members applied for a waiver to charge the special fee of per cent on the amount of a building society loan acting for the mortgagees. It was decided on a report from the Committee that the necessary waiver under Professional Practice Regulations be granted in any case where the fee proposed is less than the full permitted scale fee. "International Business Lawyer" This journal is published by the International Bar Association and contains articles on business law and lists the Committee Chairmen and Vice-Chairmen of the various sections. Membership of the section is open 81

Retirement of Secretary It was announced that the Secretary would retire during the year 1973, but would continue to act in the part-time capacity as consultant-adviser to the Council. A committee was appointed to make arrangements for the appointment of his successor and also for the appointment of an assistant-secretary to fill the vacancy caused by the recent resignation of Mr. Joseph Finnegan. Blackhall Place The Chairman of the Finance Committee announced that having obtained expert advice the Comittee recommended the purchase of the Evie Hone Window at Kings Hospital which was excluded from the prem- ises sold to the Society. It was decided that a nominee of the Committee be authorised to purchase the window at a price to be sanctioned by the Committee. Reception of refugees At the request of the Minister for Local Government the Council consented to the use of Blackhall Place as a reception centre for refugees from Northern Ireland in the event of any sudden emergency, subject to the completion by the Department and the Dublin Corpor- ation of an agreement to be prepared by the Society's solicitors. E.E.C. Draft directive on removal of restrictions on the right of establishment on free supply of services : A report from the EEC Committee was considered. At the date of the report only an unofficial English direction of the draft directive had been received. It was decided at a request that no further steps should be taken until an official English version had been sent to the Society. This will be published in the Gazette when received. Apprenticeship and education regulations The Solicitors Act 1954 (Apprenticeship and Educa- tion) (Amendment) Regulations 1973 (S.I. No. 47 of 1973) were made and laid before the Oireachtas. The effect of the regulation is that candidates taking Com- merce as a subject would be required to take only one of the four papers (Economics, Business Organisation, A colleague replied to one of the advertisements stating that he would be opposing the application on the grounds that noise emanated from the restaurant into a flat owned by his clients. At the hearing of the case, the colleague represented his clients and they were cross-examined. The colleague then told the District Justice that he wished to give evidence and went into the witness-box stating that the night before the appli- cation he attended the restaurant and saw wine being sold after hours. Member submitting the query alleged that this was to influence the Justice in refusing the restaurant certificate which was, however, granted. The colleague also gave evidence as to noise emanating from the restaurant. Members ask for a ruling as to the propriety of a solicitor who was acting for a party in a matter of this kind giving evidence personally in support of the client's case. Accountancy or Economic History). Solicitor on record giving evidence Members who made an application to the District Court for a restaurant certificate and music and dancing licence enquired as to the views of the Society on the following matters.