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Dáil Éireann debate -
Thursday, 20 Nov 1947

Vol. 108 No. 15

Committee on Finance. - Solicitors (Amendment) Bill, 1947—Second Stage.

I move that the Bill be now read a Second Time. This Bill has a two-fold object, namely:—

(1) to increase to £2 the annual fee paid to the Incorporated Law Society by every solicitor on the issue to him of a practising certificate, and

(2) to provide for the repeal of the provision of the Solicitors Amendment Act of 1923 under which the admission of English and Scottish solicitors to practise here is very much facilitated.

Under the Solicitors (Ireland) Act, 1898, every practising solicitor has to take out in January of every year a certificate which is called a practising certificate. This is a certificate to the just = "right" li = "1" ri = "2">—effect that his name is for the time being on the Roll of Solicitors which is kept by the secretary of the Incorporated Law Society in his capacity as registrar under the Act. The fee payable originally under the Act of 1898 on the issue of a practising certificate was 5/-. This was increased to £1 by an amending Act passed in 1923. It is now proposed to increase the fee to £2. This is being done solely at the instance of the Incorporated Law Society, the council of which some time ago requested that legislation should be promoted to enable the increased fee to be charged next January when the practising certificates of all solicitors come up for renewal.

The second provision of the Bill, namely, the repeal of paragraph (b) of Section 1 of the Amending Act of 1923, has also been expressly requested by the Incorporated Law Society. Under the provision of the 1923 Act an English or Scottish solicitor, with a minimum of three years' practice in his own country, is entitled to be admitted a solicitor here without service or examination upon complying with the regulations and paying the fees for the time being prescribed by the Incorporated Law Society. It is understood that the clause in the 1923 Act was enacted on the prospect of reciprocal facilities in favour of our solicitors being forthcoming from the other side. In practice, such reciprocity has never materialised and it might be said that the repeal of the 1923 Act provision is long overdue. It is relevant to recall in this connection that our Statute Law has diverged considerably from British Statute Law in the course of the last 25 years, so that whatever case there may have been in 1923 for facilitating the admission to practise here of solicitors who had qualified in England or Scotland, that case cannot certainly be made now and, quite apart from any other considerations, it is reasonable to suggest that an English or Scottish solicitor could not, in reason, expect to be admitted to practise here without being required to furnish some evidence of up-to-date knowledge and acquaintance with Irish law and practice.

Since the Bill was published, it has come to notice that there is at least one case pending in which a solicitor who had qualified in England had taken the steps prescribed in the Incorporated Law Society's Regulations to secure admission here under the provision of the 1923 Act. It will probably be agreed that the present Bill, if enacted, should not be allowed to prejudice such a case and it is proposed, accordingly, to introduce an amendment on the Committee Stage which will provide for the insertion of a suitably framed saving clause.

I understand that this Bill was introduced after full consultation and agreement with the Incorporated Law Society.

Mr. Boland

Yes, at their request.

Question put and agreed to.
Committee Stage ordered for Wednesday, 26th November.
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