The Gazette 1982

JULY/AUGUST 1982

GAZETTE

professionwouldmore than coverourpresent needs and the balance would be put to very good use.

Correspondence

22 July, 1982

Yours sincerely, imelda Reynolds, Chairperson F.L.A.C., 3 North Earl St., Dublin 1.

Mr. J. J. Ivers, Director General, Incorporated Law Society of Ireland, Blackhall Place, Dublin 7.

The Editor, Incorporated law Society Gazette, Blackhall Place,

Dear Mr. Ivers,

I am directed by the Minister for Justice to refer to the Solicitors' Remuneration General Order, 1982 which was made by the Statutory Body under the Solicitors' Remuneration Act, 1881 on 1 July, 1982. It has come to the Department's notice that there are instances where this Order is being interpreted as increasing the fees prescribed therein with effect from 1 July, 1982 i.e. the date the order was signed by the Committee. The Department is anxious to clarify that this is not the position. Under the terms of section 6 of the Solicitors' Remuneration Act, 1881 and section 3 of the Houses of the Oireachtas (Laying of Documents) Act, 1966 such an Order does not come into effect until it has been laid before each House of the Oireachtas and one month or four sitting weeks (whichever is the longer) has elapsed. The Order was so laid on 5 July, 1982. Two sitting weeks of the Dáil were completed when the House rose on 16 July. At the end of this week — when the Seanad is expected to rise — almost three sitting weeks of that House will have passed. It will be seen, therefore, that the Solicitors' Remuneration General Order, 1982 will not come into effect until the prerequisite statutory period has elapsed following the resumption of the Dáil and Seanad

Dublin 7. Dear Sirs,

10 August 1982

Your letter in the May 1982 issue from Brendan Fitz- gerald deserves comment. He referred to the fact that a decision in a FamilyLawcase inCorkDistrictCourt (MTT v NT) had resulted in an invidious situation for the wife and four children and, by some mental process, he managed to blame divorce on that outcome. Is it not a silly state oflegal affairs that divorce legislation in other countries can result in hardship to people in this jurisdiction? Rather than bewailing the state of those vic- timised by the state of Irish Law, it remains in our power to change the law so as to prevent a recurrence. The mutual enforcement of maintenance and alimony payments between Britain and Ireland has been a serious problem over a long period of time and this case is just one more example. The matter has arisen in the context of EEC legislation and it appears that no bilateral arrangement is possible, due to the fact that Britain insists on the enforce- ment of maintenence payments arising out of divorce pro- ceedings, while Ireland argues that this would be contrary to ourpublic policy as a State which does not allowdivorce. The introduction of civil divorce in this country would solve the problem Mr Fitzgerald illustrates, together with most ofthe other legal problems which beset those involved in marital breakdown. Yours faithfully, John O'Connor (Law Student) 14 Merton Road, Rathmines, Dublin 6. Some Old Law Firms The Gazette of the English Law Society published, in its edition of 23rd June 1982, an article by Mr. Henry G. Button under the above title. The firms mentioned by Mr. Button, include some of very rare antiquity, including a Hitchin, Hertfordshire firm which was in existence in 1591 and he mentions an "even older" firm in Tonbridge, Kent. Mr. Button has now extended his research to the Republic of Ireland and has invited members to let him have any available information concerning the older firms in this country. Any interesting or potentially useful information should be sent to Mr Button at 7 Anderson Court, Grange Road, Cambridge CB3 9BH • 165

in the autumn. Your sincerely, V. O'Donnell, Department of Justice, 72-76 St. Stephen's Green, Dublin 2.

The Editor, Incorporated Law Society Gazette, Blackhall Place,

11 August 1982

Dublin 7. Dear Sir,

F. L.A.C. has beenoffered$5,000fromthe IrelandFund in New York, on the condition that we canmatch that sum with our own resources. At present, we need to raise approximately £2,000, before December 31 st, in order to achieve that. We would be grateful if, through the medium of your publication, we could appeal to solicitors through- out the country for contributions. Whilst realising that it is such a short time since our last appeal, which, thanks to the goodwill of the Legal Profession was most successful, we hope that your readers will realise the worthiness of the cause for which we work. A contribution of as little as £5.00 from only half the