The Gazette 1985

INCORPORATED LAW SOCIETY OF IRELAND GAZETTE Vol. No. 79 No. 2

March 1985

Comment . . .

In this issue . . . Comment

43

. . . Age of Majority

Regulation of the Media

45

Where Co-operation is Needed

52

T HE Age of Majority Act 1985 came into effect on 1st March 1985, and now, with some exceptions, a person attains "full age" on attaining the age of 18 years, or, in case he/she marries before attaining that age, upon his/her marriage. The passing of this Act reducing the legal age of majority from 21 years to 18 years has been long awaited and is sensible. The Act, as passed, may, however, give rise to legal uncertainties and anomalies which lawyers will have to deal with, because section 2(4) of the Act continues the age of majority of 21 years for a series of statutory provisions, including those relating to marriage formalities, maintenance of children, social welfare, pensions and taxation. The most obvious potential area of uncertainty arises from the definition of "full age" in section 2( 1) of the Act and will relate to the professional duties of Solicitors acting for or "against" a person who is of "full age" simply because he/she is married, even if well under the age of 18 years. The Marriages Act 1972 (operative since 1st January 1975) provides that both parties to a marriage must have attained the age of 16 years unless an exemption order has been obtained from the President of the High Court (or another High Court Judge nominated by him) permitting a person to marry under the age of 16 years. May a Solicitor acting for the very young married person assume that his client has the actual capacity to make legal decisions simply because the Act has "defined" the client as of "full age"? Equally, may a Solicitor acting for a client who is entering into a legal transaction with such a very young married person assume that there is no legal danger of that young married person later claiming actual lack of capacity in order to avoid the transaction? Perhaps the Oireachtas should grasp the legal and social 'nettle' and amend the Marriages Act 1972 to bring the minimum age of marriage from 16 years up to 18 years, leaving the President of the High Court to continue to deal on application with the exceptional cases of intended marriages under that age; and maintaining the provisions of section 7 of the Marriages Act 1972 (which section 2(4) of the Age of Majority Act has kept in force) which requires the parents' consent to marriage of a person up to the age of 21 years. • 43

Practice -Notes

53

Presentation of Parchments

55

Crossword

57

Beneficial Interests, Conveyancers and the Occupational Hazard

59

Correspondence

66

International Bar Association SGP Madrid Conference Word Processing in a Medium Sized Solicitor's Office

67

69

How EEC Law Affects Practitioners. Part 2

73

Know Your Council 1984/85

76

Professional Information Executive Editor: Mary Buckley Editorial Board:

78

William Earley, Chairman John F. Buckley Gary Byrne Geraldine Clarke Charles R. M. Meredith Michael V. O'Mahony Maxwell Sweeney

Liam O hOisin, Telephone 305236

Advertising:

Printing: Turner's Printing Co. Ltd., Longford 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. ABC Membership has been approved pending first audit

for the period July to December 1984. Published at Blackhall Place, Dublin 7.