The Gazette 1996

JULY 1996

GAZETTE

A Place in Legal History

and prosecute any person wh o contravene any of the a b o ve requirements set out in the

it a much wider range of candidates, with more varied experience both of law and of life, from wh i ch c h o i c es could be made. The increased competition wo u ld be beneficial in the High Court and Supreme Court, as it has been in the Circuit Court. Although pleased with these appointments, solicitors will feel a tw i nge of disappointment at today's announcement that only three of the nine available Circuit Court j ud g e s h i ps have been allocated to solicitors. In addition to the three solicitors wh o se appointments were announced, it is b e l i e v ed that a number of other extremely able and suitable solicitors made application to the Judicial Appo i n tme n ts Advisory Board. A s solicitors represent over 80% of the legal profession, it might reasonably have been e x p e c t ed that the Go v e r nme nt wo u ld have made not merely 33% but instead the majority of these nine n ew appointments from the ranks of solicitors, both on merit and to help redress the historic imbalance.

The following is the full text of the Law Society news release issued on 9 July, 1996, in response to the Government's announcement concerning new judicial nominations. The Law Society w e l c omes all of the n ew j u d g es announced by the Government, but w e l c omes with particular warmth and pleasure the nomination of three distinguished solicitors wh o will enjoy a place in legal history as the first ever solicitors to serve as j ud g es of the Circuit Court. John F. Buckley, Frank O 'Donnell and Michael White all have the qualities of intellect, character, j ud g eme nt and legal k n ow l e d ge which make them eminently well qualified to serve the Irish people as members of the judiciary. Th e se appointments represent a breakthrough for which solicitors have been campaigning for decades. In accordance with the Courts and Court Officers Act 1995, f o l l ow i ng four years' service as Circuit Court judges, these solicitors will in addition b e c ome eligible for appointment to the High Court and Supreme Court. This is a g o od day, not merely for solicitors but, more importantly, for the Irish public and for the administration of justice in Ireland. The size of the pool of legal talent and experience from which Circuit Court j u d g es can be appointed has been not merely greatly w i d e n ed by legislation but drawn on in reality. It is unquestionably in the public interest that judicial appointments be open to all lawyers with the ability to fill them. The remaining prohibition on the direct appointment of solicitors as j u d g es of the High Court and Supreme Court is a relic of history wh i ch continues to operate against the public interest. If it were dropped, the Go v e r nme nt wo u ld have available to

Regulations. On summary c o n v i c t i on a person is liable to a penalty of up to £ 1 , 0 0 0 together with an additional £ 1 0 0 penalty for every day of a continuing o f f e n c e. Proceedings for an o f f e n ce may be initiated at any time within t wo years after the date of the o f f e n c e. A notice terminating a tenancy must be in writing and be served on the tenant or landlord not less than four w e e ks before the date on wh i ch the notice is to take effect. ( S e c t i on 16 of the Housing (Miscellaneous Provisions) Act, 1992). Th e se requirements apply to all lettings for residential a c c ommo d a t i on whether by private landlords, local authorities, voluntary housing b o d i es or otherwise with certain exceptions. Termination of Tenancy

Seizure of Tenant's Goods

Housing

Section 19 of the

(Miscellaneous 1992 prohibits a landlord from seizing a tenant's g o o ds as a me a ns of e n f o r c i ng payment of rent due on premises let solely as a dwe l l i n g. Provisions) Act,

Ken Murphy

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Further Information

(See also page

184)

The Department of the Environment published a most helpful d o c ume nt entitled Charter for Rented Housing in March 1996 wh i ch should be available free of charge from the local authority. The three statutory instruments referred to above: S.I. No. 3 0 of 1996, £ 2 . 0 0 (+ 3 6p postage), S.I. No. 146 of 1993, £ 1 . 60 (+ 3 6p postage), S.I. No. 147 of 1993 ( £ 2 . 00 (+ 3 6p postage) may be obtained by post from the Go v e r nme nt Publications O f f i c e, 4 /5 Harcourt Readers may note that payment may be made by credit card. There is also a credit policy in operation to a limit of £ 2 0 for c omp a n i es and professional bodies. Road, Dublin 2. Tel. No. (01) 6 6 1 3 1 11 Fax: ( 0 1 ) 4 7 5 2 7 6 0.

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