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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1943-04-08/31/
8 Apr 1943 -
Solicitors Bill, 1943—First Stage.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1943-04-20/15/
20 Apr 1943 -
Solicitors Bill, 1943—Second and Subsequent Stages.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1943-04-15/27/
15 Apr 1943 -
. - Solicitors Bill, 1943—Second and Subsequent Stages.
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1943-04-08/31/
8 Apr 1943 -
Leave granted to introduce a Bill entitled an Act to affirm (with retrospective effect) the exemption...in certain cases of solicitors in the employment of the State from the obligations to take out and hold
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1943-04-20/15/
20 Apr 1943 -
Boland) The purpose of this Bill is to clarify the position of the Chief State Solicitor....In the British days certain solicitors, amongst them the Chief Crown Solicitor, were exempt....I think the Chief Crown Solicitor was also solicitor to another Department and it was as solicitor to...This Bill proposes to set that matter right, with retrospective effect, and it applies also in the case...In the other House Deputy Costello objected to the Bill on the ground that the protection given to a
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1943-04-20/15/
20 Apr 1943 -
Every solicitor has an obligation to pay this fee....and I got all stages of the Bill in the Dáil....record in order to make my position clear and in order to show that I did not secure the passage of the Bill...Council, but there may be other cases pending, and for that reason we have to make the provisions of the Bill...The Bill is an urgent one and, if the Seanad has no objection, I should like all the stages to be taken
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1943-04-20/15/
20 Apr 1943 -
and Chief State Solicitor....of these solicitors did not pay these fees and were not on the roll....The solicitors who were not registered included the Treasury solicitor and the solicitors for Customs...War Department or the solicitor to the Board of Admiralty....this Bill definitely to exempt them.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1943-04-20/15/
20 Apr 1943 -
Boland The other solicitor is in a different position....This Bill only deals with solicitors permanently employed by the State....Every other solicitor who practises outside must take out his certificate; he is not being interfered...If it had not been believed that that was the case, it would have been made clear, and some similar Bill...In the case of outside solicitors, everyone knows that they are compelled to pay this fee before a certain
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1943-04-15/27/
15 Apr 1943 -
There is, as I say, some history behind this Bill....The Bill, as it stands, purports to release all solicitors in the employment of the State from a statutory...the Chief State Solicitor, all solicitors in the employment of the State in fact either paid their annual...There is no reason, the law being applicable to State solicitors and solicitors in the employment of...Certainly, there is no justification whatever for the retrospective operation of this Bill because it
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1943-04-15/27/
15 Apr 1943 -
Boland) I move that the Bill be now read a Second Time....The purpose of it is to clarify the position so far as the annual certification of solicitors is concerned...Up to recently it was thought that the Chief State Solicitor was exempted, from the provisions of Section...58 of the Solicitors (Ireland) Act, that is, from paying his annual certification fee....It is to rectify that position that this Bill is necessary.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1943-04-20/15/
20 Apr 1943 -
Counihan The Minister should bring in a Bill by which solicitors, auctioneers, stockbrokers, cattle
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1943-04-20/15/
20 Apr 1943 -
Counihan I am not sure that what I have in mind could be done under this Bill....If it can, I should like to move an amendment on Committee Stage to ensure that every practising solicitor
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1943-04-20/15/
20 Apr 1943 -
Boland I shall read Section 58 of the Solicitors (Ireland) Act, 1898, which may clear the point:— This...examination, swearing, admission, or enrolment, or any rights or privileges, of any persons appointed to be solicitors...Treasury, Customs, Inland Revenue, Post Office, or any other branch of her Majesty's Revenue, or to the solicitor...to the Board of Admiralty, or to the solicitor to the War Department, and shall not affect the provisions...We are just providing that these particular solicitors we employ will not have to pay the certification
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1943-04-20/15/
20 Apr 1943 -
Douglas I have not got the benefit of legal knowledge; I have not been able to consult a solicitor,...The Minister has been fortunate, or unfortunate, in bringing in quite a number of small Bills recently...That means that a certain decision was a wrong one and it seems to me it is a bad way to word a Bill...It would be convenient for any of us turning up the register if solicitors employed by the State would...Looking at the Bill, and reading (a) and (b), it seems to me they will no longer be obliged to be on
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Debate: Dáil Éireann
https://www.oireachtas.ie/en/debates/debate/dail/1943-04-15/27/
15 Apr 1943 -
The first section of the Bill proceeds on its face to declare a statutory lie, if I may put it like that...That is the situation in which this Bill comes before the House....In that state of affairs, this Bill is wholly indefensible....Hence this Bill....Solicitor.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1943-04-20/15/
20 Apr 1943 -
Douglas As far as I am concerned, I am not acting for solicitors, I am acting purely as a member of...I am passing on a doubt expressed to me which, when I read the Bill, seemed to me a legitimate doubt....do not feel I have any particular duty in the matter, but may I just add that I believe if a simple Bill
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1943-04-20/15/
20 Apr 1943 -
Fitzgerald Because the solicitor was not registered?
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1943-04-20/15/
20 Apr 1943 -
withheld by reason of its not having been the law, you are now leaving it open in the case of the State Solicitor...and this solicitor who was referred to——
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1943-04-20/15/
20 Apr 1943 -
Fitzgerald In regard to the Chief State Solicitor.
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Debate: Seanad Éireann
https://www.oireachtas.ie/en/debates/debate/seanad/1943-04-20/15/
20 Apr 1943 -
Boland In respect of State solicitors only.