The Gazette 1994

JULY 1994

GAZETTE

N E W S

Counc il Establ ishes Commi t t ee on I ndemn i ty Insurance

Presentation of Parchments to Northern Ireland Delegates

changes, practical measures to minimise default and aid detection, support measures, and procedural issues. Proposal to Cap Compensation Awards in Personal Injury Actions The Director General of the Society reported to Council that he would be having a further meeting with an official from the Department of Enterprise and Employment concerning the proposal to introduce legislation to limit the amount of compensation that could be awarded in personal injury actions. No Bill in relation to the proposal had been drafted or circulated as yet. However, the Society was aware that the Minister intended to bring forward a package of measures and the Taskforce appointed by the Council would continue to monitor the situation.

Indemnity insurance

At the Council meeting on 24 June the President of the Society reported to Council that because of the importance of section 26 of the Solicitors (Amendment) Bill, 1994, which allowed for the introduction of compulsory professional indemnity insurance, it was proposed to establish a special committee to deal with the matter. The Council approved the appointment of the committee compris- ing Frank Daly (Chairman), Anthony Collins, Eugene O 'Sullivan, Gordon Holmes, Noel Ryan, Director General of the Society and the President of the Society, Michael V. O'Mahony. The President reported to the Council that the report and final stages of the Solicitors (Amendment) Bill would be completed in Dáil Eireann during the week commencing 27 June. The Bill would then move on to the Seanad although the indications were that all stages in the Seanad would not be completed before the summer recess. The President indicated that he thought it likely that the cap on the Compensation Fund would be maintained but at an increased level of £350,000. Council Approves Recommendations of Compensation Policy Review Committee The Council adopted the recommendations of the Compensation Fund Policy Review Committee which had been established by the then President of the Society, Raymond Monahan, in December 1992 and had carried out a wide ranging investigation of the Fund to assess measures which might minimise exposure and to examine possible policy options for the future. The Committee had met on nineteen occasions for a total of 72 hours and in its final report to the Council made 81 recommendations concerning the future of the Fund, legislative

At the meeting, the President of the Law Society of Northern Ireland, Andrew Carnson, the Senior Vice- President, Anthony McGettigan and the Junior Vice President, Aidan Canavan, were admitted to the Roll of Irish Solictors by the President of the Society, Michael V O'Mahony. Michael O'Mahony said the Society had been honoured by their application for admission to the Roll and that he hoped in future years officers from the Law Society of Ireland would also be admitted to the Roll of Northern Ireland Solicitors to mark the close relationship between both Societies. The President also welcomed Colin Haddick, a delegate from the Law Society of Northern Ireland and the Secretary of the Law Society of Northern Ireland, Michael Davey. •

S o c i e t y O b j e c t s t o T ax C l e a r a n ce P r o c e d u r es

was not aware that the existing Criminal Legal Aid Act, or the

The Law Society is opposing a direction from the Minister for Finance that contracts under the

regulations made under it, permitted such a development and therefore the question arose as to whether the changes were to be effected by means of an amendment to the law. In any event, the letter stated, the Society would regard the development as unacceptable. The Society requested a meeting with officials of the Department of Justice and the Department of Finance to discuss the issue further before any action is taken.

Criminal Legal Aid Scheme for legal services of a cumulative annual value of £5,000 or more must be subject to tax clearance procedures. In a recent letter to the Department of Justice the Director General of the Society said that the proposal was "objectionable in principle and represented a further unwarranted invasion by the Revenue authorities into the freedom of contract of members of the profession". The Society has asked the Department by what means it is proposed to effect this requirement and when it is proposed to bring it into operation. The letter pointed out that the Society

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