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Dáil Éireann díospóireacht -
Wednesday, 7 Mar 1923

Vol. 2 No. 38

DAIL IN COMMITTEE. - SOLICITORS (IRELAND) ACT, 1898, AMENDMENT BILL, 1923. SECOND READING.

I will be very short in moving the Second Reading of this Bill, as I explained it pretty fully when applying for leave to bring it in. It is a Bill that has the entire support of the governing body of the other branch of the profession to which I belong, and it was only because the two members of that body in this Dáil are Ministers that they applied to me to support them in bringing the matter before the Dáil. The first clause in it is difficult to be understood by anybody who does not know what is referred to as "the principal Act." I have brought down the principal Act here. It says: "The Incorporated Law Society are hereby required to hold at least three times in the year a preliminary examination, an intermediate examination, and a final examination." That is, three times in every year, whether there are candidates or not, they must advertise examinations and be ready to hold such examinations in case any candidates turn up, and be prepared with papers. Of recent years, I am told, the number of candidates has fallen off considerably, especially at certain times of the year, and the Incorporated Law Society seek power by this Act to dispense with one of these examinations when it is unnecessary. Of course it is to their interest to hold examinations if the candidates are there, but what they seek is, that if there is an insufficient number of candidates they should be at liberty to dispense with one examination. In my own branch of that profession we find that one final examination in the year is sufficient. The solicitors are compelled by this Statute, passed at the end of last century, to hold three examinations within the year, and they are now seeking to dispense with one of them. The second Section in the Bill provides that:—"Any person who has been admitted a Solicitor of the Supreme Court in England and who has been in practice before such Court for not less than three years, and any person who has been enrolled a Law Agent in Scotland and has been in practice before the Court of Session for not less than three years shall be entitled to be admitted a Solicitor under the provisions of this Act without service or examination upon complying with the regulations and payment of the fees prescribed by the Incorporated Law Society of Ireland."

The object of that is to enable solicitors in this country to secure privileges that have been enjoyed since 1900 by solicitors of those other Dominions and Commonwealths with which we now stand on an equal footing. Since 1900 the solicitors of New Zealand, of the Commonwealth of Australia, and the Union of South Africa have been entitled to privileges in England and in Scotland which we have never enjoyed. They enjoy these privileges by reason of the reciprocity in the terms set out in this Section with their fellow practitioners in England and by amending the Solicitors (Ireland) Amendment Act by the insertion of this clause the solicitors of Ireland will be entitled as of right to the privileges already enjoyed by the solicitors of the other Dominions. The object of the third section is to raise a fee which has been in force since 1898—a fee of five shillings for keeping books. The Registrar is bound to keep the books, issue certificates and furnish documents to the Revenue Authorities on which they levy on behalf of the State certain licensed fees from Solicitors. I am told that the cost of keeping books, entering declarations, issuing certificates, and fulfilling the conditions required by the tenth section of the Solicitors' Act is not now covered by that fee of five shillings. The governing body has informed me that the proposed fee of £1 will not be subject to objection by members of the profession and will enable them to carry on their work, and not, as recently has been the case, at a loss. I do not know that the proposed Bill requires any further explanation but if any question arises during the discussion I will do my best to reply to any point raised against it.

I beg formally to second Deputy Fitzgibbon's motion.

Inasmuch as this Bill is brought forward in aid of what you might call a kindred body to many represented here—another trade union —we have a fellow-feeling, and we are quite prepared to support the Bill.

Question put: "That the Solicitors (Ireland) Act, 1898, Amendment Bill, 1923, be read a second time."
Agreed to.
Committee Stage ordered for Friday, March 9th.
The Dáil adjourned at 6.58 p.m., until 3 o'clock on Thursday, March 8th.
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