The Gazette 1979

SEPTEMBER 1979

GAZETTE

5.3 The Committee found itself in a position to assist many members who had problems concerning obligations entered into by them in relation to undertakings or fees chargeable by them in respect of work done. The enquiries are of a continuous nature and deal with the various day-to-day problems that arise in the practice of a busy solicitor. 5.4 The Committee had to decline with regret expressing opinion on certain problems presented to it which required advice on matters of law. 5.5 In conclusion, I would like to record my appreciation of the wholehearted assis- tance and co-operation given to me by my fellow members of this Committee and by the staff of the Society who so efficiently looked after the Committee's essential requirements. During the year under review the Committee studied and made submissions on the following legislation: (a) Landlord and Tenant (Amendment) Bill 1979: This was the third of a series in the landlord and tenant legislation. The two 1978 Acts dealt mainly with the abolition of ground rents and the right to acquire the fee simple. The present is a more comprehensive Bill; it repeals in full the Landlord & Tenant Acts 1931 and the Landlord & Tenant (Reversionary Leases) Act 1958 and makes new and substantially different provisions for the protection of business tenancies, residential tenancies and reversionary leases. A detailed submission was submitted by the Committee to the Department of Justice. Members are advised to study this Act carefully because it affects some very important changes. (b) Capital Gains Tax (Amendment) Act 1978: Submissions were made on this Bill to the Minister for Finance particularly with reference to Section 27 and the Committee can happily report that some of the amendments sought here were incorporated in the Act. (c) Succession Act 1965: A supplemental submission was put in on this Act in relation to Section 90 and arising from the Supreme Court decision in the case of Rowe v. Law and Others in January 1979. (d) Capital Acquisition Tax Act 1975: In a submission on this Act the Committee pressed strongly for a change in the law affecting many family settlements, especially in the case of farmers, where an appointment by a life tenant to a child frequently results in the position that the disponer is the grandparent of the successor or donee and, therefore, only enjoys a threshold of £30,000.00. There are many cases in which this could give rise to a very heavy liability for inheritance tax. The Committee regrets to say that this submission was rejected by the Minister but it is the intention of the Committee to press this submission strongly again when the next Finance Bill is being introduced. (e) The Committee is in the course of preparing a submission on the Sale of Goods and Supply of Services Bill. This is being dealt with for the Committee by former President, Mr. Brendan McGrath, who has put very considerable research into it. (f) The Committee also has in hand the preparation of a submission on the Tribunal of Enquiry and Evidence Act. During the year the 20th Interim Report of the Committee on Court Practice and Procedure was published containing recommendations for substantial increases in juris- diction. This report was very carefully studied by the Committee and a full submission was made both to the Minister for Justice and the Committee on Court Practice and Procedure supporting strongly the proposals for increased jurisdictions of the Circuit and District Court and urging that more extensive jurisdiction be given to the District Court in family law matters and criminal injury applications. In supporting the proposals for increased jurisdiction the Committee warned, however, that a proper assessment would have to be made of the increased work load that will fall on the Circuit and District Courts; and that adequate provision will have to be made for the provision of additional judges, justices, registrars, clerks and other officials servicing these Courts; also that there will have to be adequate and sufficient Courtoom facilities. The Committee also consid- ered F.L.A.C.'s report on the same subject; their report was considerably at variance with the Committee's views but a meeting has been arranged to discuss same fully with F.L.A.C. 6.2 6.1

PARLIAMENTARY COMMITTEE

Donal G. Blnchy

Chairman

John Carrigan

Vice-Chairman

Joseph L. Dundon Thomas J. Fltzpatrick Robert M. Flynn S. Carmel Killeen Brendan A. McGrath Raymond T. Monahan Michael G. L. O'Connell

Frank O'Donnel! Brian W. Russell

Donal G. Binchy Chairman

6.3

Various other Bills or Acts were considered including the Redundancy 157