The Gazette 1978

GAZETTE

JANUARY/FEBRUARY 1978

to be made is in regard to the illegitimate child, his rights to support, to inherit and his general legal status". 36 If this proposed legislation is not enacted in the near future, then it is to be hoped that the Parliamentary Assembly and even more so the Committee of Ministers, will play a far greater and more influential role in exerting pressure on our Government to introduce this "rapid and progressive elimination" of discriminatory treatment levied on illegitimate children. Whilst not wishing to detract from the important role the Charter has played in achieving greater social, legal and economic unity amongst the Contracting Parties, 27 it must be pointed out that it has not had the same dynamic effect which it could otherwise have had were it endowed with a more independent method of control. At present, the Charter is too much influenced by political motives which undoubtedly leads to a dampening effect on the effective exercise of its provisions. It was stated by the Council of Europe itself in an introduction to the Social Charter in 1967 that the social level of most Member countries at that time was sufficiently high for the rights proclaimed by the Charter to be respected within the jurisdictions of those countries; 2 * since it is now some eleven years since that statement was made, perhaps the time is nigh for the Committee of Ministers to adopt a more forthright role in ensuring that as many of those rights as possible are indeed respected within the territory of each of the Contracting States. Art. 17 clearly provides a base upon which to embark on this new role! This article is an extract from a paper being prepared in pursuance of a Council of Europe Fellowship for legal studies and research. However the views expressed are those of the author solely. 1. Council of Europe Doc. 3276 revised. 2. See Report of Independent Committee of Experts dealing with situation of children born outside wedlock with regard to inheritance, Doc. Exp/Ch Soc (75)7. 3. Parliamentary Assembly Opinion No. 71 (1975) Paragraph 4. 4. From an essay on the European Social Charter by M. Evans in "Fundamental Rights" a volume of essays to commemorate the 50th anniversary of the founding of the Law School in Exeter 1923-1973 (Sweet & Maxwell). 5. Art. 25(1) of the European Social Charter. 6. See Opinion No. 57(1971) Paragraph 5 & 6 of the Parliamentary Assembly which notes in most praiseworthy terms the important role played by the Independent Committee of Experts. 7. Art. 29 provides that a recommendation can only be made on a two thirds majority of those members entitled to sit on the Committee of Ministers and after consultation with the Parliamentary Assembly. 8. See 3 above. 3. See Evans at 4 above, p. 288. 10. See Appendix 1 of the Second Report of the Governmental Committee on the European Social Charter, Doc. CG/Ch Soc (72) 40 which sets out the results of the examination of the biennial Governmental Reports by the Independent Committee of Experts. Ireland is shown as having increased by 100% in "satisfied provisions" since the first biennial report. The next highest figure is Norway with an increase of 30%. 11. Contrast with Art. 41 of Bunreacht na hEireann. 12. Applications 514/59, Yearbook 3, p. 169. 13. Applications 7289/75 and 7349/76 (as yet unreported). 14. See (a) "The European Convention on Human Rights", by Francis G. Jacobs at p. 162; (b) "The Application of the European Convention on Human Rights" by J.E.S. Fawcett at p. 226; (c) "Privacy and Human Rights" ed. by A.M. Robertson. 15. This Article should be read in conjunction with Paragraph 17 of Part I of the Charter which provides that "mothers and children, irrespective of marital status and family relations, have the right to appropriate social and economic protection". 16. Resolution (70)15 adopted by the Minister's Deputies on 15th May, 1970. 17. See 2 above, p. 7. 18. Doc. CG/Ch Soc (74) 14, pp. 7-8. 19. Doc. 3276 revised, p. 4. 20. "The European Convention on Human Rights" by Francis G. Jacobs at p. 4. 8

21. Sect. 19 of the Courts Act, 1971, and Sect. 28 of the Family Law (Maintenance of Spouses and Children) Act, 1976. 22. See 2 above, p. 8. 23. No. 71(1975). 24. Explanatory Report to Opinion No. 71 (1975). 25. See 18 above, p. 8. 26. Dail Debates Vol 284 No. 1, p. 162. See also the remarks of Mr. Collins then shadow spokesman on Justice and now Minister for Justice at p. 8 of the said report. 27. It should also be noted, as was remarked upon by the Independent Committee of Experts, that the standards to be attained by the Charter are sometimes of a very high level. 28. European Social Charter booklet issued by the Directorate erf* Information of the Council of Europe.

INTERNATIONAL BAR ASSOCIATION The Section on Business Law of the International Bar Association is arranging a Seminar on "Extraterritorial Problems in Insolvency Proceedings" to be held at the Brussels Europa Hotel, Brussels, on Thursday, April 13th and Friday, April 14th, 1978. The Rt. Hon. Lord Shawcross, G.B.E. Q.C., will be in the Chair and the main speaker will be Professor Hans Hanisch of the University of Geneva. Representatives of the E.E.C. Commission will describe the European position concerning the two topics, "The Debtor's Assets Situated Abroad in Domestic Bankruptcy" and "Composition and Discharge in International Insolvency Cases", especially with regard to the Draft E.E.C. Bankruptcy Convention. In addition, lawyers from Europe and other countries will discuss the legal position under their national laws. The fee is Belgian Francs 6,000 for members of the I.B.A. and Belgian Francs 7,500 for non-members, and includes documentation, luncheon and refreshments on both days.

All enquiries should be made to: The International Bar Association, Byron House,

7-9 St. James's Street, London SW1A 1EE. Tel: (01) 930 6432/3. Telex: 8812664INBAR G

Criminal Justice (Legal Aid) (Amendment) Regulations, 1978 On February 15, 1978, the Minister for Justice made an Order entitled Criminal Justice (Legal Aid) (Amendment) Regulations, 1978, S.I. No. 33 of 1978. These Regulations, which are retrospective to 28th September, 1977, provide for changes in the fees and expenses payable to solicitors under the Criminal Legal Aid Scheme. Increased fees are prescribed in respect of hearings in the District Court and the hearing of appeals to the Circuit Court. The fees in all other cases will be related to those payable to defence counsel. Increased fees for prison visits and increased travelling expenses are also prescribed and provision is made for the payment of reasonable disbursements.