The Gazette 1978

OCTOBER 1978

GAZETTE

(1) A sub-committee of this Committee also set itself the task of reviewing the Rules of the Superior Courts and any recommendations or suggestions of members would be welcomed by the Council, (m) A sub-committee of this Committee is also in discussion with the Irish Land Commission concerning the appropriate fees which should be charged under the Farmers Retirement Scheme where the Commission have to date been refusing to allow commutation of the annuity being taken into account in arriving at the probate scale fee. . (n) The conveyancing matters which have come before this Committee were referred to the Standing Sub-Committee on Conveyancing who are shortly to publish a recommended scale of fees on flat letting agreements and on simultaneous sale cum mortgage transactions. 5.3 In many instances the Society assisted members who had queries concerning their obligations under undertakings concerning the appropriate fees that they would charge and concerning their obligations to their colleagues in relation to numerous matters which they submitted for consideration. 5.4 The Committee would like to emphasise that it is not appropriate to seek the Society's guidance or the advice of the Committee on matters of law or matters which require a judicial decision. 5.5 As Chairman of this Committee in its first year of office, I would regard this amalgamated Committee as being a success, and I would recommend its continuance in this format. I would like to take the opportunity of thanking my deputy chairman, Mr. David R. Pigot, and Mr. Basil Doyle, solicitor, and Miss Anne Kane, for the excellent work they have done on behalf of the Committee in the past year. The Committee had to consider a wide variety of legislation during the year under review, including: (a) The two new Landlord & Tenant Bills introduced by the present Government. These resulted in a very heavy involvement for the Committee because of their far-reaching effects on conveyancing practices, especially the provisions which made building leases void. Detailed submissions were made on both Bills. (b) The Consumer Information Bill 1977. Here the Committee gave special consideration to the effect of this Bill on professional services and false or misleading statements by professional persons. In general terms the Committee felt that responsible solicitors had nothing to fear from the terms of this Bill. (c) Office of Ombudsman. Notice from the Minister for Public Service and the report of the informal all-party Oireachtas Committee was studied by the Committee. The Committee put in their submissions approving the creation of Ombudsman suggesting some amendments of his role and powers. The Committee's special thanks is due to Mr. John Jermyn who made a particular study of the report for the Committee. (d) Taxation Measures. The Committee put in various submissions on the Finance Bill 1978, Repeal of the Wealth Tax Act, the proposed amendments to the Capital Acquisition Tax Act and Capital Gains Tax Act. (e) Bankruptcy Law Committee Report. The Committee considered the report submitted by the Bankruptcy Law Committee and made comments thereon for the assistance of this Committee. (f) English Law Reform Committee documents on the making and revocation of wills and the powers and duties of Trustees were considered and noted by the members. 6.2 As advised in last year's report the Committee has undertaken a special study of the Succession Act 1965. This constituted a new approach by the Committee, in that the Committee took the initiative in suggesting new amending legislation as distinct from studying and commenting upon current legislation. The profession was consulted through the various Bar Associations and the Committee's study was brought to a conclusion 6.1

PARLIAMENTARY COMMITTEE

Donal G. Binchy

Chairman

William B. Allen Richard J. Branigan John Carrigan Thomas I. Fltzpatrlck Robert M. Flynn John B. Jermyn Patrick C. Moore Brian W. Russell

Donal G. Binchy, Chairman

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