The Gazette 1991

GAZETTE

NOVEMBER 1991

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In this Issue

I I L LA W SOCIET Y l l M / r I I L 0FIRELAND I | m mm Vol.85 No.9HNovaite Viewpoint The Courts Dispute - A Failure to Protect the Public's Rights f t / L I

Solicitors ( Amendmen t) Bill, 1 9 91 Solicitors Bill Assessed

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Law Brief

Book Reviews

Solicitors Learn on their Feet J ob Prospects at Home and Ab r oad

As we go to press, we are in the middle of the most serious dis- ruption of the services of the courts in this country for very many years - perhaps the most serious ever. The dispute raises a number of issues that are of fundamental importance in this country, none of which appears to us to have been addressed, in any serious way, to- date. And, while it is right that the Law Society, in its public res- ponses, has been careful to avoid making any judgement on the merits of the issues that have given rise to the dispute, we think it is proper to raise some of these im- portant questions. The first of these concerns a person's right to have access to the courts, a right which has been seriously eroded and, in some cases, denied as a result of this disputa In the order of things, this right is at least as important as the right of a person to have access to public transport or even to have his letters delivered through the post. Yet the threat to its existence, as a result of the action of a relatively small number of civil servants in the courts service, has scarcely been noticed by the media while the disputes affecting public transport and An Post have been given daily headline coveraga The courts dispute is causing serious inconvenience and even, in some cases, hardship but, more importantly, ordinary citizens are being denied a right guaranteed to them under the Constitution. In drawing attention to this state of affairs, we are not suggesting that

civil servants who work in the courts area should not have the right, enjoyed by other citizens, to withdraw their labour in pursuance of what they perceive to be their just demands. We think, however, that serious consideration needs to be given to ensuring that, in relation to this vital public service, there is a mechanism in place which will enable the grievances of staff to be pursued through a process of con- ciliation and arbitration, thereby ensuring that disruptions of this kind do not occur. In our view, the courts service is as vital to the maintenance of the stability of our society as the services of the police and the army. There are, of course, two sides to every dispute but the primary responsibility, we would suggest, of ensuring that industrial relations within the courts service is maintained at a satisfactory level rests with the Minister for Justice. We understand that the nature of the claim in this case puts it outside the scope of the scheme of con- ciliation and arbitration that exists within the civil service. We find this difficult to understand. If a demand for the upgrading of staff who are claiming that the value and im- portance of their work has changed for various reasons, including the impact of legislation increasing the jurisdictions of the courts, is out- side the scope of the conciliation and arbitration service, this surely needs to be looked at again. The dispute has, once again, foc- used the spotlight on the courts service where, unfortunately, all has not been well for some tima We (Continued overleaf)

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Practice Notes

People and Places

J.P. O'Reilly Memorial Fund

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Ar b i t r a t i on - The Superior Cou r t s' A t t i t u de

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Old Age and Enduring Powers of A t t o r n ey

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The Deve l opment of Judicial Interpretation of Articles 41 and 4 2 Professional I n f o rma t i on

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Editor:

Barbara Cahálane

Committee: Eamonn G. Hall, Chairman Michael V. O'Mahony, Vice-Chairman

John F. Buckley Patrick McMahon Elma Lynch

Advertising: Seán Ó hOisín. Telephone: 305236 Fax: 307860 Printing: Turner's Printing Co. Ltd., Longford. * The views expressed in this publication, save where otherwise 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. Tel.: 710711. Telex: 31219. Fax: 710704.

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