The Gazette 1992

GAZETTE

JANUARY/FEBRUARY 1992

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INCORPORATED

I L LAW SOCIETY MH/r I I L 0F ™ I h k H I I Vol. 86 No. 1 Jan/Feb 199: f l / L I

President's Message

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Competition Ac t, 1991 - An Overview New Council Members FLAC Appeals for Funds

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Viewpoint An End to Compulsory Irish for Solicitors?

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Prosecuting Fraud - A Reply

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Book Reviews 1 7 Solicitors Financial Services 20 Law Society Conference Berlin - Brochure 21 - 24 Lawbrief 25 Practice Notes 29 Technology Notebook 31 Stamp Duty - No Amnesty 32 Law School Fees 33 Technology on Trial and Trial by Technology 35 Correspondence 40 Professional Information 41

As every lawyer knows, the legal profession is the only profession in Ireland that still requires a knowledge of Irish on the part of those seeking admission. Solicitors and barristers must, as a matter of law, pass examinations in the Irish language before they can be admitted. In the case of solicitors, there are in fact two Irish examinations prescribed under the Solicitors Act, 1954 and these examinations take the form of both a written and an oral test. There can be little doubt that it is essential that there should be available in this country lawyers - both solicitors and barristers - who are competent in the use of Irish and who are capable of conducting legal business and representing their clients through the medium of Irish. As officers of the court, lawyers have a duty to the court and, because the first official language of this country is Irish, clients have a right to have their business conducted in Irish if they wish. However, most solicitors take the view that the present position under which Irish is legally compulsory is unfair on the profession as a whole and, because of the manner in which the system operates, does not meet the objective which it purports to * serve. A policy of seeking the revival of the Irish language through coercion and compulsion has not so far succeeded and has been largely abandoned now in virtually every

other sphere of our national life. Can anybody seriously suggest that a requirement imposed on a person at the commenceme: of his professional legal studies to pass examinations in Irish reasonably ensures the availability in this country of practitioners with com- petence in the language? The profession feel that they are dis- criminated against (other professions do not have compulsory Irish) and they cannot see how such a policy is grounded in practical reality. Many members of the profession are extremely disappointed that the recently published Solicitors (Amendment) Bill, 1991 does not contain a provision abolishing the Irish language requirement for solicitors. This is all the more surprising when it is borne in mind that, some time ago, the Law Society made it clear that it had urged on the Government the replacement of the present compulsory Irish for all solicitors with a commitment that the Society would establish and maintain panels of solicitors who were willing and able to provide legal services through the medium of Irish. The Law Society was offering to accept this as a legal obligation. For reasons best known to themselves, the Government appear unwilling at present to accept this very reasonable proposition. (Continued on page 5)

Editor:

Barbara Cahalane

Committee: Eamonn G. Hall, Chairman Maeve Hayes, Vice-Chairman John F. Buckley Gerard Griffin Elma Lynch Justin McKenna Michael V. O'Mahony Noel C. Ryan Eva Tobin

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