The Gazette 1975

13 1 The E.E.C. Committee had an extremely active year largely due to the increasing volume of proposed legislation which it is necessary to consider. The Committee has continued its policy of delegating the study of various Directives and Conventions to Groups of two or three people who reported back to the Committee. Directives or Conventions on the following subjects have been considered by the Committee during the year:

E.E.C. COMMITTEE

Anthony E. Collins, Chairman John F. Buckley John G. Fish John B. Jermyn Brendan A. McGrath Gerald J. Moloney Raymond T. Monahan Peter D. M. Prentice

(1) Contractual and non-contractual obligations. (2) Freedom to provide limited services by lawyers (3) Bankruptcy. (4) Security over movable goods. (5) Insurance. (6) Winding up of insurance companies. (7) Consumer credit. (8) Consumer protection.

In particular a considerable amount of time has been spent in connection with the Directive concerning Freedom to Provide Limited Services by Lawyers. One of the aims of the Treaty of Rome is complete freedom for everyone to practise their profession in any country of the community. This Directive is the first tentative step towards that aim in connection with lawyers. It must be tentative because of the difference between the legal systems in different countries. A sub-committee had lengthy discussions with the Department of Justice and a new Draft has now been produced by the Commission which again will be necessary to study in detail. The Committee has continued to work closely with the Department of Justice on proposed legislation. 13.2 There has not yet been much progress with the proposed E.E.C. Central Library but the Committee is hopeful that before long such a Library will be established so that lawyers and others will have full access to all E.E.C. information which they would need. 13.3 During the year we were contacted by the E.E.C. Committee of the Northern Ireland Law Society and a Meeting was held in June for the purpose of exchanging information and seeing how far we could co-operate with regard to E.E.C. matters. The discussion was an extremely informal one and of a tentative nature and apart from general E.E.C. matters the problem of practices on the border was aired. It was agreed that the Committee would establish a sub-committee to liaise with a similar sub-committee from Northern Ireland and that that committee would meet regularly to discuss various matters which would be of concern to both groups. However it was also clear that there would be some areas where the interests of both groups would be completely different and that therefore there was a practical limit to just how close the co-operation could be. 13.4 Members of the Committee continue to attend the meetings of the Commission Con- sultative and the Union International Du Notariat Latin. These are the two bodies of lawyers throughout Europe which are officially recognised by the E.E.C. Commission. The members attending these meetings report back to the Committee and it is intended that in future a summary of these reports will appear in the Gazette. The treatment of publicity with regard to E.E.C. matters was also discussed. 13.5 During the year it was decided that the activities of the Committee would be extended to include other international matters and it is proposed that the name be changed to E.E.C. AND INTERNATIONAL AFFAIRS COMMITTEE.

Anthony E. Collins, Chairman

14.1 The Society's Committee in Company Law has had a busy year and found it necessary to meet at least once a month. The Committee considered that in order to get through their work, it would be desirable to obtain some voluntary assistance. We are glad to record that Mrs. Mary Mathews, the Society's examiner in Contract and Commercial Law of the Law Faculty of University College Dublin and Mr. Graham Golding, Solicitor, of the Business Law Centre of University College, Dublin, kindly agreed to assist the Committee in their work on an analysis of the proposed European Company Statute. The Committee is very grateful for this offer of asistance which will be of real importance in the coming year. During the year, the Committee was privileged to have Mr. Declan Costello, S.C., the Attorney General, as a guest to discuss some of the legal problems relating to changes proposed in Company Law. A meeting was also held with members of the Stock Exchange. 14.2 Submissions to the Minister for Industry and Commerce were prepared for the Council of the Society on the Mergers & Monopolies (Control) Bill which was introduced in the Dail during the year. The Committee believed that the Bill, as drafted, would present the profession with great difficulties in advising clients as to whether certain transactions did amount to mergers or takeovers and thereby requiring ministerial approval or otherwise. Particular concern was expressed in their submissions that the provision in the Bill that a merger or take- . 2 4 7

COMPANY LAW COMMITTEE

Brian O'Connor,

Chairman

Denis J. Bergin Anthony E. Collins Michael G. Dickson Joseph L. Dunden Mary Finlay Houghton Fry Patrick C. Kilroy Peter D. M. Prentice

J. G. Ronan L. K. Shields