The Gazette 1996

NOVEMBER 1996

GAZETTE

N E WS

Report on Council Meeting held on 18 October 1996

4. Motion: Advertising

Criminal Justice Act 1994, reported on developments since the last Council meeting. A meeting had taken place with representatives of relevant Government departments and two principal issues had emerged: (a) the types of activity or transaction involving solicitors which might be used for money laundering purposes and which should be listed in the regulations which would apply the legislation to solicitors; and (b) the precise form in which legal professional privilege would be protected in the regulations. Following a lengthy debate the Council decided on a vote that the better approach would be to request the departmental officials to fumish the Society with a draft of the new regulations for comment rather than for The President referred to his letter of complaint dated 9 October 1996 to the Garda Commissioner and to the meeting which he and the Director General had with the Garda Commissioner that morning. The President and Director General had protested very strongly to the Commissioner at both the media leak which, it could be the only reasonable assumption in the absence of any evidence to the contrary, had originated within the Garda Síochána and to certain comments attributed by the Irish Times to the Garda Press Office. The Commissioner said that he did not automatically accept that the leak had originated within the Garda Síochána but he was not prepared to order an investigation of the matter. Although pressed to do so the Commissioner made it clear that in the circumstances he was not prepared to express regret in any statement on the the Society to provide to the Department a list of types of activity/transaction which might appear in the regulations. The initiative should come from the Department. 6. Media coverage of Garda visit to solicitor's office

The following is a brief summary of the meeting of the Council of the Law Society on 18 October 1996.

"That this Council approves the draft regulations on advertising which have been circulated, subject to the suggested amendments contained in counsel's opinion ".

1. Death of John Maher

The President paid a warm tribute to John Maher, Past President of the Society, who had died recently, and the Council observed a minute's silence in his memory.

Proposer: Owen M. Binchy Seconded: Philip Joyce

Mr Binchy said that the principles upon which the regulations on advertising should be amended had been agreed earlier by the Council and were reflected in the draft which had now been circulated. It was extremely difficult to balance the issues of advertising and touting. What the draft regulations sought to do was to reflect the changes necessitated to the 1988 regulations by Section 69 of the Solicitors (Amendment) Act 1994. The counsel's opinion which had been obtained and circulated was for the purpose of ensuring that the proposed regulations were intra vires and did not breach the Competition Act. In the light of the counsel's opinion certain amendments would need to be made to the draft which had been circulated. There followed a debate in which over a dozen members of the Council contributed and which centred mainly on points of clarification of the draft regulations. The desirability of guidelines to accompany them and whether or not the matter should be adjourned to the November Council meeting to allow further consultation. On a vote the Council decided by 25 votes to 9 to deal with the matter at the October meeting and on a further vote the draft regulations were overwhelmingly approved subject to the amendments which had been indicated. 5. Money laundering legislation Mr John Fish, Chairman of the Committee examining the Government's proposed designation of solicitors pursuant to Section 32 of the

2. Motion on Proxy Voting

Standing orders were suspended to allow Mr Michael Irvine, seconded by Mr Michael Peart, to introduce the following motion: "That this Council approves a proposal that the bye-laws be amended to allow for proxy voting at Annual and Special General Meetings of the society and that the appropriate motion be proposed at the Annual General Meeting to amend the bye-laws of the society accordingly ". Mr Irvine argued that a proxy system would widen the franchise of the members. He responded to a number of questions from the Council and the Council agreed that an appropriate motion should be placed on the agenda and debated at the Annual General Meeting.

3. Motion: Lawyer/client privilege

"That this Council reviews the policy of the Society with regard to lawyer/client privilege generally and the powers of the Society in particular".

Proposer: James MacGuill Seconder: Hugh O'Neill

The Council approved a request that the motion be adjourned to the November Council meeting.

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