The Gazette 1983

GAZETTE

JULY/AUGUST 1983

Society's Half Yearly General Meeting Report

T WO amendments to the Bye-laws of the Incorporated Law Society of Ireland were passed at the general meeting of the Society held in Dromoland Castle, Co. Clare, on 7 May, 1983. The amendments arose out of the desire of the scrutineers to have it clear that if there are more votes cast than there are vacancies, the ballot paper will be rejected; and the option which the Senior Vice-President has of not serving as President. This option means that until he has exercised his option, it is not known whether there would be 30 or 31 candidates. The amendments, proposed by Mr. J. F. Buckley and seconded by Mrs. Moya Quinlan were passed unanimously. One member, Mr. J. Mangan, suggested that the voting for the election to the Council should be on the basis of proportional representation, but the President (Mr. Michael J. Houlihan) pointed out that for such a proposal to be considered it would be necessary to put it forward as a formal proposal before a General Meeting. Before the meeting opened Mr. Joseph Maloney, President, Clare Bar Association, welcomed the members of the Society and the overseas visitors. All members stood in silence before the business of the meeting commenced in memory of the late Mr. Michael O'Morain, a former colleague and one-time Minister for Justice, who died recently. The address of the President to the meeting has been circulated to members as a supplement to the May edition of the Gazette. Presenting the report on the Society's Retirement Fund Mr. T. Shaw said that the current value is approx- imately £3 million, and that the average annual increase over the eight-year period since the Fund was founded was 27.99% free of tax. The number of members participating in the Fund increased during the year and the contributions from members in recent months had significantly increased over previous years. Mr. Shaw also reported that there had been a large influx of new members to the associated income Continuance Plan. Rates under the Plan have been maintained and the non-medical limits have been raised. The underwriters have also agreed to increase the maximum permissible benefit to £40,800 per annum, subject to a suitable illness structure. He added that the terms and conditions of the Plan were superior to any individual contracts on offer in the Irish market and provided for partial disablement in both one's own and other occupations. This feature was of paramount importance to all solicitors. If illness or accident left an individual in a situation where only part-time working was possible it was more than likely that this activity would be in the legal profession. The Plan paid benefit in

this type of situation, based on loss of earnings; the normal policy paid benefit only if the solicitor worked in another occupation. Members of the Law Society who have effected this type of cover on an individual basis should ensure that this protection was included in their arrangements. Premiums payable under the Income continuance Plan, as with those payable under the Retirement Fund, are subject to tax relief at the individual highest rate. The following were appointed scrutineers of the ballot for the Council of the Society for 1983/84:Messrs L. Branigan, G. Doyle, J. R. C. Green, E. McCarron, A. J. McDonald, P. C. Moore, P. D. M. Prentice and R. T. Tierney. The amended bye-laws, approved by the general meeting, are: Bye-Law 35 In voting, each member shall make a mark (thus X) with ink or pencil on his voting paper opposite the name of the candidates for whom he intends to vote. If any member votes for more candidates for ordinary membership of the Council, than the number to be elected in any year, or for more than one provincial delegate, as the case may be, his voting paper shall be rejected. Bye-Law37 When the poll has closed, the scrutiny shall be proceeded with and at the last ordinary general meeting in each year the scrutineers of the ballot shall return the names of the 30 or 31 candidates (as the case may be having regard to the provisions of Bye-Law 29(g) for election as Ordinary Members having the greatest number of votes and shall also return the name of the candidate for election as provincial delegate for each province having the greatest number of votes and the Chairman of the meeting shall thereupon declare the 30 or 31 candidates (as the case may be) first returned duly elected as the ordinary members to the Council for the ensuing year and shall also declare the candidates so returned as having the greatest number of votes for their respective provinces to be duly elected as provincial delegates for such provinces respectively. Schedule C. Para. 1 The voter may vóte for any number of Candidates not exceeding the number of the ordinary members of the Council to be elected ( in this election); if he votes for more than such number his paper will be rejected. • 153