The Gazette 1983

INCORPORATED LAW SOCIETY OF IRELAND GAZETTE Vol. 77. No. 6

July/August 1983

Comment. . . . . . Too Unconventional ? T he recent welcome, if belated, announcement that Ireland is to ratify the United Nations Convention on Human Rights is a re- minder that Ireland's record in introducing into domestic law conventions in the making of which it has participated is hardly dis- tinguished. This is particularly true of International Conventions re- lating to legal matters. There have been 28 conventions adopted by the Hague Conference on Private International Law since 1954. Ireland has introduced into domestic legislation only one of those, that relating to the Form of Wills. While a number of the conventions might not fit conveniently into our Common Law system, it is significant that the United Kingdom has ratified seven conventions and signed a further one. Those which are of particular interest to lawyers and would therefore be of service to their clients, include conventions on the Service of Documents Abroad, the Taking of Evidence Abroad and, most important, the Enforcement of Maintenance Agreements. Our record in respect of Council of Europe conventions is not so poor in numerical terms, though there does seen to have been a lessen- ing of enthusiasm for ratifying conventions in recent years. These conventions cover a whole range of governmental activities hut, again, it is in those relating to legal matters that Ireland appears to move particularly slowly. We have the dubious distinction of being the only country which has not ratified the Convention on Information on Foreign Law; perhaps not surprisingly we are one of few countries which has not ratified the Convention on Legal Aid nor have wc ratified the Conventions on Data Protection and the Legal Status of Children. The Convention on the Service of Judicial and Extra Judicial Documents Abroad, by providing that a central authority in each of the contracting States will either serve or arrange for the service of these documents, makes the service of such documents a much simpler task than it is for litigants in non-contracting States. Similarly, the Convention on the Taking of Evidence Abroad provides that a central authority in each State will he available to arrange for the taking of such evidence. Most of the principal States in Europe, together with the United States have ratified these two Conventions. The Convention on the Recognition and Enforcement of Decis- ions relating to Maintenance Obligations provides a simple procedure for invoking the judicial processes of a contracting State against a maintenance debtor resident in that State to compel payment due under a Maintenance Decision made in another contracting State. While there are reciprocal arrangements for the enforcement of Main- tenance Orders between this country and the United Kingdom, the failure to ratify the Hague Convention deprives spouses and children of the opportunity of invoking the procedures established by the Con- vention against a maintenance debtor resident in one of the other contracting States, which now include most of the major European countries. It would be easy to argue in relation to the Hague Conference mat the value of our participation in the conferences is dubious if we do not propose to adopt a reasonable proportion of its conventions. In passing, it may be commented that Irish delegations to the Conference have tended to be cpmposed of public servants. Other countries' delegations regularly include academic and practising lawyers. One beneficial result of which is that such countries achieve greater public awareness of and discussion in legal journals of the Con- ferences proceedings. It is, however, more important to raise the question of why the State has not ratified conventions in the making of which is had played an active part and which have been adopted by other Common Law jurisdictions. • 147

In this issue . . . Comment Trade Disputes (Amendment) Act, 1982 — "Definition of Workmen"

147

149

Half Yearly General Meeting

153

Practice Notes

154

Don't Panic — write a Report

157

An Irish Law Student Visits Wall Street

159

Solicitors' Golfing Society

163

Solicitors' Accounts Regulations

165

Growth in Family Law Cases

166

Correspondence

167

Professional Information

170

Executive Editor: Editorial Board:

Mary Buckley Charles R. M. Meredith, Chairman John F. Buckley Gary Byme William Earley Michael V. O'Mahony Maxwell Sweeney Liam O hOisin, Telephone 305236

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The views expressed in this publication, save where other-wise indicated, are the views of the contributors and not necessarily the views of the Council of the Society. The appearance of an advertisement in this publication does not necessarily indicate approval by the Society for the product or service advertised. Published at Blackhall Place, Dublin 7.