The Gazette 1975

9. The Committee is therefore requested to revise the wage rates published in the pro- posals dated 27th June, 1975 taking into consideration the comments in this objection and to fix wage rates which recognise the statutory obligation to implement the wage rates under statutory penalty. 10. The Committee has consistently acted ultra vires its powers in fixing minimum rates of wages on the basis that such wages must be in line with negotiated wage rates. After hearing arguments, the independent member suggested that the National Wage Agreement as amended be approved. A vote was taken and the amended proposal was carried on the vote of the independent member. 17.2 The Law Clerks Joint Labour Committee meetings were considered unsatisfactory by the Employers' representatives as they felt that since they were not a party to National Wage Agreements they should not be bound by them. The function of the Committee was to deal with Statutory Minimum Rates and not negotiate wage rates. Many of the Society members were left with the distinct impression that the Committee was bound by the National Wage Agreement and that the meetings were held merely to rubber stamp such Wage Agreements. 17.3 Subsequently there was a certain amount of publicity in the national newspapers con- cerning unnamed Solicitors who failed to pay their staff the minimum remuneration as fixed by the Law Clerks Joint Labour Committee. The Council expressed concern that any Solicitor should fail to pay the Statutory Minimum. However, as no specific names had been forwarded to the Law Society and the Department of Labour was not prepared to disclose names of the firms concerned the Council regretted that no useful action could be taken by them. Council was of the opinion that the individual Bar Associations, with the benefit of superior local knowledge, could help to ensure that Solicitors in their area would not pay less than the Statutory Minimum Wage. 17.4 Council warns members that failure to pay the prescribed minimum rate will leave the particular member open to prosecution. It seems clear that whereas in the past, the Department of Labour satisfied itself that the situation had been rectified, in the future it intends to prosecute without further warning in all cases of non-payment of the prescribed minimum rate.

Correspondence Solicitors' Remuneration Dear Sir,

Barristers and Solicitors are invited to apply for the position of LEGAL ASSISTANT Grade IV in Office of the Director of Public Prosecutions

The National Prices Commission has published in the National Press an invitation to members of the public to make submissions in respect of a study of the fees and expenses and remuneration of Irish Sol- icitors to be carried out by a Consultant appointed by it for the purpose. This study is welcomed by the Solicitors' Profession and the Council of the Incorporated Law Society of Ireland and representatives of the Profession are freely co-operating with the Consultant to furnish informat- ion and facts to him. The Society is aware that the terms of reference agreed by the Consultant with the Commission are seven in number. In its invitation to the public the Commission has set out what it describes as "the principal terms of reference". In fact they have published six of the seven terms and the one omitted is: — "(iv) to consider "delays" in the legal system and particularly those associated with (a) Court organisation and practice and (b) the taxation of costs". My Council has directed me to write this letter to draw the attention of the public to this omission. In the opinion of my Council it is of vital impor- tance that "the delays" under this heading be exam- ined and it is not understood why the public are not invited to make submissions in relation thereto.

Essential : Four years experience. Upper age limit : 40 years. Salary: £ 5 , 4 26 - £6 , 967 (man) £ 5 , 1 00 - £ 6 , 6 60 (woman) Entry up to maximum possible.

Closing Date: 4th December 1975

Application forms and further particulars can be obtained from : The Civil Service Commission, 1, Lower Grand Canal Street, Dublin 2.

Yours faithfully,

W. A. Osborne, President

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