Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 11 Feb 1965

Vol. 214 No. 2

Ceisteanna—Questions. Oral Answers. - Incorporated Law Society Certificates.

147.

Mr. Ryan

asked the Minister for Justice if he is aware that the Incorporated Law Society of Ireland refuses to send practising certificates to solicitors by post on the grounds that the Solicitors Acts, 1954 to 1960, do not permit them to do so; and that as a consequence solicitors must either personally or through their Dublin agents attend at the Law Society's offices annually to collect such certificates; if he will introduce legislation to permit the sending of such certificates through the post; and if he will make a statement on the matter.

A solicitor applying for a practising certificate is required by subsection (1) of section 47 of the Solicitors Act, 1954, to deliver to the Registrar of Solicitors the prescribed declaration. The delivery must be effected by the solicitor in person or by his agent. The practice in the Registrar's office is to deliver the practising certificate in exchange for the declaration. Normally, therefore, there is no question of a second attendance on the part of the solicitor or his agent to collect the certificate.

This practice is held by the Law Society to be convenient, expeditious and satisfactory to solicitors generally. Moreover, the statutory requirement that the declaration is to be delivered by the solicitor to the Registrar in person or by his agent avoids any difficulty of establishing proof of delivery of the declaration which must contain certain averments of compliance with the Solicitors Accounts Regulations. I am not prepared, therefore, to recommend any amendment of this particular requirement, nor do I see any case for legislating on the lines suggested by the Deputy.

Top
Share