The Gazette 1993

VOL. 87 NO. 2

JULY/AUGUST 1993

Practice Notes (Continued from page 206)

The Lean Arm of the Law

Independent and Irish Times of 2 July, 1993. The Senior Vice President of the Society, Michael O'Mahony , was interviewed on the RTE radio News at One programme, the RTE radio Today at Five programme and the evening TV and radio news bulletins of that day. Michael O'Mahony pointed out that the Bill had been rushed through the Dail with insufficient time for debate or to consider amendments. He drew attention to the mandatory nature of prison sentences provided for in the Bill which, he said, interfered with the discretion of the courts as to how such offences should be punished.

In the Irish Independent of 22 June, 1993 in an article entitled "The Lean Arm of the Law", Liz Allen reported on the findings of an "unpublished Law Society survey" which showed that many lawyers were struggling financially. She commented that the fact that 82% of the respondents wanted new guidelines on fees was testimony to a large degree of dissatisfaction among practitioners throughout the country about their earnings capacity. An address by the Chairman of the Bar Council, Peter Shanley SC, in which he criticised the lack of resources in the courts was reported in the print and broadcast media on 16 June, 1993. The Irish Independent and Daily Star of 19 June, 1993, reported on the call to judges by the President of the Law Society, Raymond Monahan , to speak out about the country's inadequate courts system. There were huge delays in all the courts, facilities across the board were completely inadequate and there had been a complete failure to address the reform of our law seriously, said Raymond Monahan. Crisis in the Administration of Justice

Confusion re Law Library Fax Number

There is an increasing incidence of faxes intended for barristers in the Law Library at the Four Courts being sent to the Law Society's library. These faxes can contain highly confidential and sensitive material. While the staff in the library of the Law Society make every effort to notify solicitors of their error and to destroy the information, nonetheless, solicitors and their staff are requested to exercise care that the correct fax number is used when material is being faxed to the Law Library in the Four Courts. The fax number for the Law Library in the Four Courts is 8720455. The fax number for the Law Society's Library is 6770511. Please note these two fax numbers carefully.

Michael O'Mahony, Senior Vice President Law Society, criticised tax amnesty legislation as "draconian and rushed" On the RTE Radio current affairs programme. This Week on Sunday, 4 July, 1993, the Minister for Finance, Bertie Ahern, said he would reconsider this aspect of the legislation. An amendment was subsequently adopted which provided for mandatory prison sentences only where the offences committed concerned sums of £100,000 or more. Barbara Cahalane (~J In Ireland COT DEATH is the largest killer of children under the age of two. The Irish Sudden Infant Death Association supports bereaved families and funds cot death research. If your client wishes to make a will in favour of Cot Death Research further information is available from I S I D A Carmichael House, 4 North Brunswick Street, Dublin 7. Telephone: 8747007 / 8732711

Family Home Declarations - Correction

Law Society Criticises Tax Amnesty Legislation

Practitioners are requested to note that averment No. 2 of Form 3 of the Family Home Declarations, circulated

A submission by the Law Society to the Minister for Finance criticising the proposed tax amnesty legislation as being draconian and rushed and pointing out that the amnesty was mandatory, was reported in the Irish

with the June, 1993 issue of the Gazette should read as follows:

"The property is not our family home within the meaning of that term in the Family Home Protection Act, 1976 nor is it the family home of any other person. Neither we, nor any other married couple, have ordinarily resided therein since we became the owners thereof. Our family home is at in the County of The property does not include any garden or portion of ground attached to or usually occupied with our family home or otherwise required for the amenity or convenience of our family home." •

NORTHERN IRELAND AGENT * Initial Consultation Free * All forms of work undertaken * Competitive Rates * Consultation in Dublin if requested * Legal Aid Available Contact: Kevin J. Neary BCL Donnelly Neary & Donnelly Solicitors 1 Downshire Road, Newry, County Down

Tel: (080693)64611 Fax: (080693) 67000

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