The Gazette 1994

GAZETTE

N E W S

AUGUST/SEPTEMBER 1994

A d v e r t i s e m e n t D i s c r i m i n a t es a g a i n s t S o l i c i t o r s i n P u b l i c S e r v i c e

S e d g w i c k G r o u p t o a d v i s e o n I n d e m n i t y I n s u r a n ce The Council of the Society has endorsed the appointment of the Sedgwick Group as consultants to advise the Society on the introduction of compulsory professional indemnity insurance. When enacted, section 26 of the Solicitors (Amendment) Bill, 1994, will permit the Society to introduce regulations making it compulsory for solicitors to obtain professional indemnity insurance prior to obtaining a practising certificate. The majority of the profession currently carries indemnity cover. The Solicitors Bill provides that, in drawing up the regulations, the Society may decide to operate a mutual fund, a master policy, or a system of approved insurers. Under the Solicitors Bill the practice year will change from 5 January to 1 January, with effect from 1 January,

The Law Society has taken action on a further instance of discrimination that has become apparent in relation to the eligibility of public service solicitors for legal posts in the public service. The Society has been in correspondence with the Civil Service Commission and the Department of Adviser in the Department of Social Welfare which effectively rendered solicitors whose entire careers had been in the Public Service ineligible for the post. The advertisement which appeared in the national newspapers on 9 and 10 June last, stipulated that applicants must be solicitors or barristers who have practised for at least four years in the State. A note at the end of the advertisement stated that service in a whole-time position as a solicitor or barrister in the public service would Social Welfare concerning an advertisement seeking a Legal In a letter to the Secretary of the Civil Service Commission, the Director General of the Society, Noel Ryan, stated that: "representations have been made to the Society by a number of solicitors employed in a whole-time capacity within the public service in relation to the eligibility conditions for this competition. They have objected to the conditions on the grounds that these conditions discriminate against them." The Society supported the solicitors in their view, he added, and believed that their complaint was well-founded. Provisions should be withdrawn and post re-advertised The letter continued: "The Society would be glad to have your views as a matter of urgency as to the justification for this eligibility provision. The Society would take the view that, unless the duties of the post are such as to require experience in a private law firm - and the Society is reckon for the purpose of the qualifying period, but only to a maximum of two years.

not aware of any reasonable basis on which such a requirement could be stipulated - the provision should be withdrawn and the competition re- advertised on the basis that equates practice within the public service with private practice for the purpose of the qualifying period." The initial response from the Civil Service Commission, which stated that regulations governing competition of this nature were drawn up with the relevant employing department/office and that "it is generally accepted that applicants for such competition should have gained experience in outside practice", was described as "disappointing" by the Director General in a further letter to the Commission on 4 July. The Director General posed two further questions in the light of the Commission's response: (a) by whom is it generally accepted that applicants for this competition should have gained experience in outside practice? and (b) why? The Council of the Society considered the matter at its meeting on July 22 and took the view that the attempt by the Civil Service Commission to defend the exclusion of public service solicitors from the competition was unconvincing. The Council decided to pursue the issue further and also to continue to pursue the issue of ineligibility of solicitors for appointment to posts in the office of the Attorney General. Following further correspondence, the Civil Service Commission agreed to reconsider the matter in relation to any further competition that may be held on the basis that the selection of a successful candidate could proceed in the Social Welfare competition. Response "disappointing" The correspondence was also sent to the Minister for Social Welfare.

1996 and it is intended that the insurance year would change similarly.

The Council was informed that the Sedgwick Group had been chosen for the work because the company had extensive experience, through the

Group internationally, in the introduction of professional

indemnity insurance schemes in Scotland and elsewhere. Working under the direction of the Professional Indemnity Insurance Committee, established by the Council in June 1994 to oversee the introduction of compulsory indemnity insurance, the consultants will advise on the best option open to the Society. They will also assist the Society generally in deciding on the terms and conditions upon which cover will be provided and in dealing with insurers in the marketplace and establishing a scheme.

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