The Gazette 1993

SEPTEMBER 1993

Council to Consider Admissions Policy

4 JS1

Report of the Meeting of the Law Society Council in July The^Council of the Law Society is to hold a one-day special meeting on 23 September next to give in-depth consideration to admissions policy and related education matters. The Council decided on this step at its meeting on 23 July last in order to give sufficient time for consideration of a motion proposed by Council Member, Frank O'Donnell, calling on the Society to take all possible steps necessary to ensure that the numbers admitted to the Roll of Solicitors annually were commensurate with the needs of the community. The Council will also consider a proposed amendment to that motion from Pat O'Connor, Council Member, which calls on the Society to put in place, as expeditiously as possible, an assessment system which would allocate places in the Society's Law School on the basis of merit. At the July meeting the Council approved a proposed increase in apprentices' fees of approximately 7%. The Council also approved the introduction of a fee of £50 on each application for consent of the Society to entry into indentures. Lay Observers to the Registrar's Committee The Council of the Society approved the nomination by IBEC (The Business and Employers' Confederation) of Mr. Frank Bracken and the nomination by the Irish Congress of Trade Unions of Ms. Leonora Mrkwicka as lay obser- vers to the Registrar's Committee. Compensation Fund The Council approved a schedule of payments out of the Compensation Fund amounting to £249,972 in total (see report on page 257). The Council also considered policy issues concern-

authorities and other public bodies would be exempt from the requirements of the legislation. (This had been requested by members of the profession at the Special General Meeting held on 17 June last.) With regard to section 59 notices (Finance Act, 1974), the Taxation Com- mittee Chairman said that the Revenue Commissioners had indicated that they would be prepared to introduce an experimental procedure for a trial period of six months under which, if a solicitor considered that a full return would require disclosure of highly sensitive and exceptional personal information in relat- ion to a client, then the solicitor could make representations to the relevant unit of the Revenue. Representations could also be made by the Society, following approaches by an individual solicitor, on matters where, in the Society's opinion, a full return could have consequences contrary to the general public interest. The Chairman reported that, having exhausted the issue with the Revenue Commissioners, the Taxation Committee was reluctantly of the view that there was no alternative to complying with the requirements of section 59. Non- compliance would inevitably result in prosecution of solicitors and would gain no sympathy in the public forum. A number of Council members expressed concern about solicitor-client confidentiality and suggested that similar guarantees regarding confidentiality to those obtained from the Revenue Com- missioners in relation to Part VII of the Finance Act, 1992, should be sought in relation to section 59. Following further discussion the Council approved the recommendation of the Chairman with regard to section 59 Notices. The President of the Society noted that the Society's submission to the Minister for Finance on the Tax Amnesty Bill had been very successful. He also reported on a meeting between the Alliance Against Probate Tax and the Minister for Finance and, although the Minister had not guaranteed to reconsider the tax, the 249

Council to consider motion ". . . to take all steps necessary to ensure numbers admitted... are commensurate with the needs of the community". ing the exercise of a discretion given to the Society under Section 21(5)(a) of the Solicitors Act, 1960, under which the Society may make, or refuse to make, a grant from the Compensation Fund in a case in which a solicitor did not have a practising certificate in force at the time when, in the opinion of the Society, the loss arose. The President of the Society, the Director General and the Chairman of the Compensation Fund, agreed to prepare a detailed memorandum of all the relevant facts and arguments concerning the exercise The Council noted the contents of the Accountants' Certificate Report which indicated that over 97% of the pro- fession had complied with the obliga- tion to return accountants' certificates. Taxation The Chairman of the Taxation Com- mittee reported to Council on further meetings that had been held with the Revenue Commissioners in order to clarify a number of points outstanding in relation to the implementation of Part VII of the Finance Act, 1992. He reported that it had been agreed that debt collection on behalf of local of the discretion, for further consideration by the Council.