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Dáil Éireann debate -
Wednesday, 11 Oct 1995

Vol. 456 No. 7

Adjournment Debate. - University's Exemption Scheme.

I applaud the initiative of the students of Queen's University, Belfast, in taking a case against the Government and the Law Society to ensure parity of esteem with students of southern universities. However, I view with disbelief and dismay the position in which the students have been put as a result of the failure of the High Court to afford them any remedy, the court having found that the Government was in breach of European law. The Government has now placed southern graduates in an extremely difficult position. It was the Law Society which applied to the court to strike down the entire exemption regime which applied to southern graduates. It is time for the Government to take on the Law Society, unless it is running the Government, which may be closer to the truth than the Minister for Justice or the Taoiseach would like to admit.

At a time when we are seeking peace and reconciliation on this island the failure of the Government to act in this matter is deplorable and serves only to insult northern Unionists and Nationalists alike. The Government stands accused by its behaviour in this matter of displaying a separatist mentality. Southern universities are also concerned at the Government's obduracy. When the previous Minister for Justice, Deputy Geoghegan-Quinn, was requested to look into this matter she ordered the Law Society to carry out a full review of the application of the Belfast students. The review was not undertaken and the Minister for Justice must account for her failure to act in this matter. I deplore the decision of the Government to apply for costs against the Belfast students, effectively punishing them for daring to assert their rights under European law by successfully challenging the legality of Government legislation.

I agree with the leader of the Ulster Unionist Party, Mr. David Trimble, MP, who has described the actions of the Government in this matter as absurd and ridiculous. There is deep disappointment in Northern Ireland at the way in which the people there and their university have been victimised by the Government. There is also deep disappointment in southern universities at the way in which their degrees are being devalued by the Government. I understand an appeal has been lodged by the students of Queen's University, Belfast and that it will be heard by the Supreme Court on 12 December next.

It is very important to put on record that the students of Queen's University, Belfast, strenuously argued before the High Court that the appropriate course for it to take was to declare, as it found, that the students were victims of wrongful discrimination and were entitled to equal treatment with graduates from universities in the South. It was the contention of the Incorporated Law Society of Ireland that if there was wrongful discrimination then the only course open to the High Court was to disenfranchise the graduates of universities of the Irish Republic by striking down the entire exemption regime. Counsel for the students strenuously argued in the High Court that knocking down the entire exemption regime would be grossly unfair and would do a wrong to the people of the South and that the purpose of the Law Society in insisting that the court should do this, if it found that the students were victims of wrongful discrimination, was to destroy the entire exemption regime.

I am grateful to Deputy O'Donoghue for giving me the opportunity to comment on this matter. My comments will be brief because the matter is under appeal and it also concerns the rights of other persons who are not entitled to state their views in this House.

The position is that students of Queen's University Belfast, took an action in the High Court against the Law Society of Ireland and the Attorney General arising from certain regulations made by the Law Society under the provisions of the Solicitors' Acts. These regulations relate to exemptions for certain law graduates from the Law Society's entrance examination to its law school.

I understand that the plaintiffs were seeking a declaration that law graduates at Queen's University Belfast were entitled to similar exemptions from the society's entrance examination as those enjoyed by certain law graduates in the State, that the society was guilty of wrongful discrimination as regards Queen's University, Belfast, law graduates and damages against the Law Society. The High Court did not grant any of these reliefs. However, if effectively toppled the society's exemptions regime.

I would point out that the State's role in the action was limited. The principal defendant was the Law Society and the regulations in question were made by the society under its statutory powers. The Minister for Justice was not a defendant in the action. The legal advice to defend the action against the State was given by the Attorney General. I understand that there were compelling legal reasons for giving that advice, not least that the constitutionality of a statutory instrument was being impugned. In accordance with the instructions of the Attorney General I understand that Counsel for the State indicated at the commencement of the hearing that the State would not dispute any matters of substance not involving the State and that these were entirely a matter between the principal parties, that is the plaintiffs and the Law Society. The advice given was vindicated by the fact that the plaintiffs dropped two of their three claims against the State.

I have been informed that the students appealed the decision of the High Court not to grant any of the reliefs sought by them and that the appeal is due to be heard by the Supreme Court on 12 December next. In all the circumstances I do not consider that it would be appropriate to comment any further on the matter pending the outcome of the court proceedings. The Law Society is examining the impact and import of the High Court decision in the case taken mainly by plaintiffs from Queen's University against it.

The Dáil adjourned at 9.30 p.m. until 10.30 a.m. on Thursday, 12 October 1995.

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