The Gazette 1995

GAZETTE

monitor the compliance of companies and their products with international standards and to act on breaches. Element of Concern Officials in the European Commission have expressed concern in the context of data protection that a registry of cases actually in progress could be open to abuse by vexatious litigants or those seeking to effect the credit worthiness of a company or private individuals by the institution of actions without foundation or containing inaccurate data. The Commission official argued that this would be particularly difficult in the lower courts where actions are often instituted by litigants themselves with a less strict appreciation of relevancy and competency. The Commission noted in a 1993 comment that just as an accused is presumed innocent until proven guilty and is entitled to the full protection of the law, likewise a defendant should be presumed creditworthy or solvent until a judgment indicates otherwise. The information on a registry to the effect that actions are being pursued against a person or company could destroy its credit status or ruin its chances of a contract or even employment in the case of an individual. The Commission considered that world-wide agencies already exist which collect information at all levels from courts about judgments Conclusion Frances Bacon wrote: "Knowledge itself is power." In the field of law, knowledge is of paramount importance. We hear and read of tele or virtual presence, cyberspace, the global village and although technology has transferred these concepts into reality, the "machinery" of the law is lagging behind. Ms. Egan's proposal is both imaginative and simple. With or without backing from the Commission of the European Communities, Ms. Egan's proposal deserves to be implemented. If you have Internet access to the Worldwide Web, the full scheme and background material can be viewed at the following uniform resource locator: http://web.rtc-tallaght.ie/staff/ academic/law. • already given in any case after the period for appealing against the judgment has expired.

9. Status of Proceedings

Legal Aid Panel - Dublin Metropolitan District

Date of:- Issue Service Live Dead Settled Judgment/Order given

The Legal Aid Panel for the Dublin Metropolitan District has become very I unwieldy as many of the practitioners I whose names appear on it do not, in fact, practise criminal law in the Dublin District Courts on a regular b a y s. As the panel is so large and so out of date, District Judges cannot use it when assigning legal aid cases. As a matter of professional courtesy and good practice, you are therefore asked to check to see whether or not your name is on the panel and if it is not your intention to practise criminal law in the Dublin District Courts in the near future, you are asked to write to the County Registrar, Michael ' Quinlan, at Green Street Courthouse, Dublin 7, to ask him to remove your name from the panel. Of course, if you remove your name from the panel now, there is nothing to stop you putting your name back at a later stage if you decide that you wish to do so. Í Tax Briefing is a quarterly publication produced by the Office of the Inspector of Taxes in which they feature a wide range of topics of interest to practitioners who would deal with tax related issues in their practices. In the past this publication has produced very helpful guidelines on matters which would be of interest to those dealing with conveyancing, landlord and tenant law, estate planning and administration, company law and the myriad of other taxes and issues which impact daily on a solicitor's practice. This publication is free and can be obtained by writing to Maureen Moore, Editor - Tax Briefing, Office of the Chief Inspector Criminal Law Committee Tax Br ief ing

Judgment/Order appealed Judgment/Order registered Judgment/Order transmitted

10. From the Commission, if appropriate

1. Date of investigation 2. Date of recall 3. Date of upgrade of I.T.

The database would integrate legal procedures throughout the EU domestic

courts and would facilitate the administrative efficiency of legal

processes. The proposed scheme has been endorsed by the Bar Council of Ireland, the Law Society of Ireland, the Stock Exchange, the Insurance Institute of Ireland, the Insurance Federation of Ireland, Telecom Eireann and the Industrial Development Authority (IDA). The IDA has recommended a pan-European feasibility study be carried out. Ms. Egan argues that such a scheme is necessary because the European Union, with adhesion of the European Free Trade Association States comprise in excess of 3 70 million people - over a fifth of world trade. Notwithstanding the 1986 Brussels Convention as amended and extended, no simple, speedy and cost-effective centralised infrastructure linking together the partner states exists to implement the Brussels Convention. Thus, argues Ms. Egan, the full benefits of the single European market are not being realised. Mr. Egan argues that a Centralised Cause Book and Registry Database is required: • to protect and access quickly an individual's claim in a product liability action; • to enforce a foreign judgment without delay; • to stimulate capital investment and its protection throughout the EU; • to enable the EC Commission to 226

of Taxes, Setanta Centre (Fourth Floor), Nassau Street, Dublin 2.

, Taxation

Committee