Committee Reports > List of Committees > Seanad > 1961 > Select Committee on Statutory Instruments > Report No. 03 - Statutory Instruments [15]

APPENDIX XI.

Solicitors’ Remuneration General Order, 1960 (S.I. No. 165 of 1960).

A Chara,

I am directed by the Select Committee on Statutory Instruments to state that it has been considering the Solicitors’ Remuneration General Order, 1960 [S.I. 165 of 1960] in accordance with its order of reference.

The Select Committee notes that the order further amends an order made in 1884, which has already been amended by orders made in 1920, 1947 and 1951. In view of the period which has elapsed since the original order was made the Committee is of the opinion that all the provisions in force regarding the remuneration of solicitors in respect of the business specified in section 4 of the Solicitors Remuneration Act, 1881, should now be embodied in a single instrument. The Committee would be glad to learn if it is possible to have a consolidated order made at this stage.

The Select Committee also observes that the form in which the order under reference was drafted does not comply with recommendations made by a previous Select Committee to the effect that—

(1) where preliminary statutory requirements have to be complied with before the instrument is made, as, for example, those prescribed by section 3 of the Solicitors Remuneration Act, 1881, a statement of such compliance should be embodied in the instrument, and

(2) the section or sections of the enabling statute should be quoted in the instrument and the use of such phrases as “all other powers enabling” avoided as tending to make the citation of authority valueless.

The Committee appreciates that the form in which Solicitors Remuneration General Orders are drafted has the sanction of long usage. However, as other instrument making bodies have found it possible to adopt the recommendations mentioned, the Committee would be glad to learn whether there is any objection to complying with those recommendations in drafting future instruments.

Cléireach an Rogha-Choiste.

Private Secretary to the Chief Justice,

Four Courts,

Dublin, 7.

Na Cuirteanna Breitheamhnais

(The Courts of Justice).

A Chara,

I have submitted your letter of the 27th April to the Chief Justice. He wishes to point out that the Committee which made the Solicitors’ Remuneration General Order, 1960 (S.I. 165 of 1960) is called on to act very seldom. It has no Secretary. The Chief Justice will hand your letter to the officer of the Supreme Court who looks after matters of this kind and ask him, when the occasion arises, to bring your letter before the Committee. He cannot of course, guarantee that the Committee will accept the suggestions contained in your letter.

Rúnaí Príobháideach do’n

bPrímh-Bhreitheamh.

M. G. Kilroy, Esq.,

Cléireach an Rogha-Choiste,

Seanad Éireann,

Baile Átha Cliath, 2.